De ontnemingsmaatregel toegepast: Een onderzoek naar de rechtspositie van de betrokkene in de procedure tot oplegging en tenuitvoerlegging van de maatregel ter ontneming van wederrechtelijk verkregen voordeel

Abstract

This dissertation reports on a study of the legal position of the person concerned in proceedings, in which the measure to confiscate illegally obtained profits is imposed and executed. The normative aspect of the review framework relates to the interests to be protected and honoured in applying the confiscation measure. The first interest is the presumption of innocence, prescribing that citizens cannot be expected to prove their own innocence. The second interest is the interest of restoration from the perspective of the person concerned. Application of the confiscation measure is to bring him in the financial position that existed prior to the criminal acts. The hypothetical lawful situation may thus be ‘restored’. The interest of restoration, however, is not absolute. It may be curtailed by the third relevant interest, i.e. the interest of rehabilitation of the person concerned. As it happens, the interest of restoration to a large extent ignores the socioeconomic consequences of imposing and executing the confiscation measure. These possible consequences may be a serious impediment to a person’s return to society and to his social functioning.