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The Dutch cabinet has agreed to send parliament a bill allowing confiscation of certain crime-linked assets without a suspect’s conviction, or even an identified suspect. The proposal would introduce a new procedure and implement an EU directive.
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The Dutch cabinet has agreed to send a bill to the House of Representatives that would allow authorities to confiscate assets linked to serious crime even when no suspect has been convicted — or identified, the government says.
The proposal, put forward by Justice and Security Minister David van Weel, would implement the European Confiscation Directive. The government says it is designed to make it harder for criminals to keep the proceeds of crime and to improve cooperation between EU member states.
The proposal focuses on assets rather than a conviction against a particular person. Under the bill, valuable property linked to an offence capable of generating substantial economic gain could be confiscated through a new procedure. The announcement does not set out how that procedure would operate in individual cases.
The Council of State advised the government to explain more clearly which cases the procedure would cover and how it would relate to criminal proceedings. It also recommended allowing appeals against a court decision to confiscate assets. The government says it has incorporated those recommendations into the bill and its explanatory memorandum.
The cabinet has agreed to send the proposal to parliament; the government announcement does not establish that it has already been formally filed with the House.
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