If the goods seized by the Public Prosecution Service are not returned, a notice of complaint can be submitted to the court as referred to in Article 552a WSv by the interested party. The chambers of the competent court normally hear the interested party’s notice of complaint within three months of filing
If the goods seized by the Public Prosecution Service are not returned, the interested party can submit a notice of complaint to the court as referred to in Article 552a WSv. The chambers of the competent court normally hear the interested party’s notice of complaint within three months of filing.
An interested party is the person whose interest has been affected by the seizure. The following can be regarded as interested parties:
- The person under whom the item was seized
- The owner
- Good faith owner
- The legal owner
- The person who on any other account can assert any claim to power of disposal over the object
Pay attention to the deadlines
The notice of complaint must be submitted by the Public Prosecution Service as soon as possible after the seizure. It is sensible not to wait too long before submitting the notice of complaint, because goods, cars and vessels that have been confiscated in a prosecution order can be sold by the Domains Department pending the handling of the criminal case.
In practice, it appears that in many cases interested parties are not informed prior to the intended sale. This is very much to your disadvantage as it is a well-known fact that the sales proceeds from a forced sale by the Domains Service are much less than from a normal sale.
Prevent this in all cases and call a lawyer quickly. Therefore please direct contact with JAW Advocaten if you want assistance with a complaint procedure in the case of criminal seizure of property by the Public Prosecution Service .