A deprivation case, also known as a Pluk-ze proceeding, is a proceeding in which the government seeks to take away the financial benefit obtained by a defendant from criminal offenses. This is officially called "deprivation of illegally obtained benefit." The purpose of the deprivation case is to prevent individuals from financially profiting from committing crimes, such as drug trafficking or armed robberies.
What does article 36e Sr (deprivation) mean?
Article 36e of the Penal Code governs the deprivation measure, by which a convicted person may be required to pay a sum of money to the state to recover unlawfully obtained benefit. This measure can be imposed at the request of the Public Prosecutor's Office after a person has been convicted of a criminal offense.
The judge determines the amount of benefit based on estimates, which include savings and market value of goods. If there is evidence that the convicted person obtained benefit, the judge may decide that the defendant must prove that recent expenses and goods came from legitimate sources.
The court may use a shorter period than six years for this assessment and must take into account the defendant's ability to pay. In the case of multiple defendants, the obligation may be imposed jointly and severally, and previous deprivation measures may be taken into account. Corporal restraint may be imposed as an extreme measure.
What is an example of a deprivation case?
An example of an eviction case involves the case of a defendant, Pieter, who was involved in extensive drug trafficking. Pieter was convicted for his role in selling large quantities of drugs, in which he generated significant profits. During the criminal trial, it was established that Pieter had earned approximately €500,000 from drug trafficking. The judge decided to deprive him of the unlawfully obtained benefit on the basis of article 36e Sr.
In the deprivation case, the prosecution demanded that Pieter repay this amount to the state. The argument was that the profits from drug trafficking were illegal and society should be compensated for the damages caused by Pieter. After legal proceedings, Pieter was required to forfeit the €500,000 as part of his criminal sanction. This decision aimed to undo the financial benefit from his criminal activities.
How does a deprivation case proceed?
A deprivation case runs differently than a traditional criminal case. Nowadays, the prosecution is very concerned with financially hitting the defendant. It is increasingly common to initiate an eviction procedure in addition to the criminal case. The purpose of these proceedings is to return the defendant financially to the situation before the crimes were committed.
Here is how the procedure usually goes:
- Police investigation: The police prepare a report on the money the suspect obtained wrongfully. They use various calculation techniques, often based on estimates. The report lists the defendant's income and expenses. The benefit is calculated by subtracting the expenses from the income. This seems simple, but the research is often superficial. Therefore, it is important for the attorney to do thorough research and gather all relevant information.
- Regiezitting: The deprivation case is scheduled for a pre-trial hearing. At this hearing, the attorney may request further investigation, such as the examination of witnesses, the appointment of experts, or the preparation of additional minutes.
- Written rounds: During the pre-trial hearing, dates are also set for the written rounds. This means that both the prosecutor and the attorney can respond to each other in writing.
- Substantive consideration: Eventually, a substantive hearing will follow in court.
Deprivation proceedings can have far-reaching consequences. The prosecutor often attaches the defendant's property or assets at the beginning of the proceedings to ensure that he can collect the money at the end of the proceedings.
If you are inconvenienced by this attachment, such as being unable to pay your bills or have access to your property, please contact our office. We can request on your behalf that the attachment be lifted. If the district attorney refuses or fails to respond, we can file a complaint with the court. In case of urgency, we can also initiate summary proceedings.
If you cannot repay the deprivation order in one lump sum, it is important to know that the CJIB is often unwilling to make payment arrangements. Failure to pay can put you at risk of hostage-taking for up to three years. Therefore, always make sure you have a lawyer during an eviction proceeding.
What is the prosecution's role in an eviction case?
The prosecutor's office (OM) investigates how much the accused has earned from his crimes. This can include direct proceeds, such as cash or luxury goods, as well as indirect benefits, such as interest or profits from investments.
After the prosecution calculates the amount, it files a claim with the court. This is a request to compel the defendant to repay the illegally obtained benefit to the state.
The judge reviews the evidence and the prosecution's calculation and determines whether, and to what extent, the benefit should actually be deprived. The defendant and his attorney are given the opportunity to defend themselves.
A deprivation case can have serious financial consequences for the defendant, even if the criminal case is already over. Therefore, it is very important to get good legal advice in an eviction case.
How is the level of deprivation determined?
Unlawfully obtained benefit refers to the money earned through criminal activity, minus the costs incurred. In the case of a hemp farm, this benefit is calculated by multiplying the number of plants found by the street price of marijuana, which includes previous harvests. From this total, the costs of running the nursery, such as installation and electricity costs, are deducted. The remaining amount is considered the illegally obtained benefit.
In determining this benefit, the court need not have hard evidence of the criminal activity. It is enough that it is plausible that financial benefit was enjoyed. This means that in a criminal case you may be convicted for only a short period of time, such as two months, but in a deprivation case it can be assumed that the criminal activities lasted longer, such as two years. This also applies to previous harvests at a hemp farm. Thus, the period that is included in the calculation has a major impact on the final amount of illegally obtained benefit.
Need a lawyer 'deprivation'?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced in assisting clients in deprivation cases. We offer expert, honest and sincere advice.
Do you have questions or would you like to seek legal help immediately? If so, please contact our office. You can email us at info@klpadvocaten.nl or contact us by phone during business hours at 020-6731548. For urgent matters, such as an upcoming arrest, please reach us at our emergency number 06-24428734.
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