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In case of a lucrative punishable offence, the Court can – in addition to a conviction – also impose a confiscation order, at the Public Prosecutor’s Office’s request. The unlawfully obtained financial profit will then be recovered.
There are different ways of calculating the proceeds, either actual proceeds per offence or, more abstract, over a period of time. An investigation into the (allegedly) unlawfully obtained assets – a so-called Criminal Financial Investigation – will run concurrent with the investigation into the criminal case.
This is a highly specialist field, which not only requires legal insight, but financial insight as well. We have lawyers who know this field to perfection. They will assist you, should you wish to contend a confiscation order.
Our specialists – often in cooperation with forensic accountants – have successfully submitted counter calculations, demonstrating there was less or no profit. Of course, we are familiar with the latest jurisprudence on deductibles and options to moderate the sum to be confiscated
In recovery cases, the Public Prosecutor’s Office will frequently and widely seize assets (‘profits seizure’). Third parties’ assets (ie., not the suspected or convicted offender’s) can also be seized.
A confiscation order will be dealt with in proceedings, that are formally separate from the criminal case itself. This prevents delays in the criminal proceedings, should calculating the proceeds require a lengthy investigation