Extended confiscation in the Netherlands

This chapter presents the legal framework on extended confiscation in the Netherlands. Two separate legal regimes have been established which make (extended) confiscation possible. One form of confiscation is classified as a form of punishment, while more far-reaching forms are classified as a measure. Most confiscation will be regarded as a measure, not as a punishment, which explains the low level of opposition to further extensions. The different requirements for confiscation established by these regimes are discussed and evaluated in the light of fundamental rights and general principles of EU law. It is argued that Dutch law has adopted a pragmatic approach to confiscation which allows for a broad scope of confiscation. Despite the wide range of options for confiscation, the legal framework is well established in practice and seen as an important tool in the fight against organised crime.