Have the police seized your phone, car, laptop or money? You can then ask for it to be returned and, in many cases, file a written complaint (klaagschrift) with the criminal court. Whether you get the item back depends, among other things, on the legal basis for the seizure, the interests of the investigation and the question of who is entitled to the item. Simply saying that you urgently need your belongings is usually not enough.
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A seizure does not mean that you automatically lose ownership. Nor does it mean that you have to wait until the entire criminal case has ended. Sometimes an item can be returned during the investigation. In other cases, the Public Prosecution Service (the OM, which decides on prosecution in the Netherlands) wants to keep it as evidence or as security for a possible payment obligation. These situations call for different arguments.
This article is about seizure under criminal law by the police and the judicial authorities. Different procedures apply to attachment by a bailiff. A criminal defence lawyer at Arslan Advocaten can assess which route suits your seizure and which documents are needed.
Why do the police seize items?
A phone may contain messages that are relevant to an investigation. A car may have been used in committing a criminal offence. Cash may prompt an investigation into where it came from. Belongings of someone who is not being prosecuted can also be seized in certain circumstances. Merely holding a receipt therefore says nothing about why the seizure legally continues.
The law recognises various grounds for seizure. In a classic seizure, the purpose may be, for example, to establish the truth, to demonstrate unlawfully obtained gains or to enable possible confiscation or withdrawal from circulation. A conservatory seizure serves to secure recovery of a fine, a confiscation order or certain compensation orders that may be imposed later. The conditions differ for each measure.
Ask for the notice of seizure, the receipt and the case number (parketnummer). Then have it established on which statutory basis the item is being held. Without that distinction, you risk submitting a lengthy request that does not address the argument the OM uses to justify the seizure. The statutory basis can be found in, among others, Articles 94 and 94a of the Dutch Code of Criminal Procedure (Sv).
The difference between evidentiary seizure and conservatory seizure
With an evidentiary seizure, an important question is whether the original item is still needed. Think of a phone whose data have already been secured. A copy may sometimes suffice, but not always: the device itself may still matter for the investigation, for authenticity or for a later decision about the item. There is no general rule that your phone must be returned immediately after a copy has been made.
With a conservatory seizure, pointing out that the item no longer has any evidential value often does not help. The OM may then be holding it as an asset for recovery. The discussion concerns, among other things, the statutory conditions, the expected payment obligation, the value of the seized property and the balance between the seizure and your interests.
| Ground for seizure | Central question | Possible substantiation |
|---|---|---|
| Investigation and evidence | Is the item still needed for the criminal investigation? | State of the investigation and possibility of a less burdensome alternative |
| Possible confiscation | Could a court later order this item to be confiscated? | Ownership, use and connection with the offence |
| Possible withdrawal from circulation | May the item remain in circulation without control? | Nature and legal status of the item |
| Conservatory seizure | May these assets continue to serve as security? | Ground for seizure, amount, ownership and proportionality |
An item may also be seized on several grounds. If one ground lapses, return does not then follow automatically. Ask for an up-to-date position on all the grounds relied on by the OM.
What you can do immediately after the seizure
Write down when, where and from whom the item was seized. Check whether the description is correct: make, model, registration number, serial number, amount of money and any accessories. If, for example, the charger is missing or the wrong registration number is on the list, report this in writing. An accurate inventory prevents disputes about what has to be returned later.
Also gather proof of ownership. An invoice, bank payment, purchase agreement or lease contract is often more useful than a mere statement that something belongs to you. A vehicle registration is relevant, but does not prove civil-law ownership in every situation. With a company car, the owner, the user, the leasing company and the suspect may be different people.
Do not sign a waiver if you want the item back and have not discussed the consequences. Waiving your rights means something different from confirming that the police have taken an item. Keep all documents together in one file. If you have also been arrested, read our explanation of your rights as a suspect. Your defence in the criminal case and your request concerning the seizure must be consistent in substance.
First ask the Public Prosecution Service for return
A reasoned request to the OM can sometimes provide clarity faster than going straight to court. State the case number, the item, your relationship to the item and the specific reason for its return. Do not just ask for a decision, but where necessary also for an explanation of the current ground for seizure and the state of the investigation.
Explain your interest with verifiable information. If you need the car for your work, enclose relevant appointments, a statement from your employer or trip records. If the laptop holds essential business records, describe which records are missing and why you do not have another copy. A request to make certain data available can sometimes be discussed alongside the request to return the device.
Take the criminal case into account. A detailed statement about the origin of cash or the use of a car may also end up as information in the criminal file. Discuss with your lawyer which facts you can substantiate and how to word the request. Do not make up for missing evidence with an invented agreement or an incorrect statement drawn up after the event.
Filing a complaint against a seizure
If the item is not returned, an interested party may file a written complaint under Article 552a Sv. You thereby ask the criminal court to review the seizure or the failure to return the item. This is a separate procedure; the court dealing with the seizure does not acquit you of the suspicion and generally does not hear the entire criminal case.
The complaint must make clear who is complaining, which seizure it concerns, why the complainant is an interested party and which decision is being sought. Enclose the available seizure documents, proof of ownership and substantiation of your interest. Set out the arguments against the ground for seizure separately. A pile of attachments without explanation makes it difficult for the court to follow your position.
Which court you must go to depends, among other things, on whether a prosecution is under way and where the case is being or was heard. If no prosecution has yet been brought, the place of seizure is relevant. Special rules also apply, for example in cases of international legal assistance. Have the competent court established for your specific file. The procedure is laid down in Article 552a Sv.
Which time limits apply to a complaint against a seizure?
The law requires you to complain as soon as possible. If a prosecution is or was under way, a complaint is in principle inadmissible once three months have passed since the prosecuted case ended. If no prosecution has been brought, or not yet, Article 552a Sv sets an outer limit of two years after the seizure. That is not advice to wait two years.
Legally, the moment a criminal case ends can be harder to pin down than the date of a single letter. Several criminal cases, several suspects and multiple grounds for seizure can also affect the assessment. Have the receipt, the letter announcing the dismissal (sepot, the Public Prosecution Service drops the case) or the court decision checked straight away. An informal request to the police for return does not automatically safeguard every procedural time limit.
If foreign legal assistance is involved, additional and shorter time limits may apply. Special procedures also exist for documents covered by professional privilege. So do not rely on a general time limit found online without establishing which rules apply. When in doubt, prompt legal advice is wiser than waiting for a reply from a body that does not decide on the seizure.
Phone or laptop seized
With digital devices, two interests exist side by side: the device itself and the data on it. You may need the device for work or everyday contact, while the authorities want to examine the data. The lawfulness of an examination of digital data is not the same question as whether the physical device may remain under seizure.
Discuss whether the examination of your device has been sufficiently limited in scope and whether it contains confidential information, such as communications with a lawyer. Report this specifically to your defence lawyer. Merely labelling a file as confidential does not create legal professional privilege. For genuinely protected communications, the applicable procedure must be followed.
A practical request may concern return after examination or access to specific essential data. There is no guarantee that the OM will cooperate. Do not remotely delete, alter or lock data. That may affect the investigation and worsen your position. Instead, keep lawfully available copies and document which information you need.
Car seized while you need it
A car may be essential for your income, for caring for a relative or for the daily care of children. Describe that interest in concrete terms. What work falls away without transport? Is other transport genuinely unavailable? Which income or essential appointments are affected? The argument that everyone needs a car is less convincing than a well-substantiated personal situation.
At the same time, look at who the legal owner is and on what ground the seizure rests. With leasing, financing or a borrowed car, a third party may have an independent interest in its return. A vehicle belonging to someone else is not automatically exempt from seizure under criminal law. Conversely, use by a suspect does not mean that the actual owner loses all rights.
Also, do not confuse the car with the driving licence. The return of your car does not mean you may drive again if your driving licence has been confiscated or a driving ban applies. You can read more about this in the article getting your driving licence back after confiscation. Have both matters assessed separately, so that a practical solution does not lead to a new offence.
Sale of belongings and possible provision of security
Under statutory conditions, items may be sold or destroyed while under seizure. That risk deserves attention with goods that lose value quickly or are difficult to store. A complaint does not automatically block a sale. Report an announced sale to your lawyer immediately and ask which further steps are possible.
With a conservatory seizure, the provision of security can sometimes be discussed: an agreed sum or other accepted security then replaces the seizure of the item. This is not a general entitlement and it does not fit every ground for seizure. It must also be clear which seizures are covered by the arrangement. Have the conditions put in writing before any money is transferred.
If return is later ordered while the item has already been disposed of, the settlement requires a separate assessment of the proceeds, the value and the applicable rules. It is not a given that you will receive the original purchase price without discussion. Keep photos, maintenance records and valuations as well. The powers concerning storage and disposal are set out in, among others, Article 117 Sv.
How to prepare a clear seizure file
Draw up a short timeline with the seizure, points of contact, requests, responses and any notices of sale. For each item, also list the ground for seizure, the owner, the value and the decision you want. With several items, partial return may be possible, even if other items are still in dispute. So do not unnecessarily reclaim everything in a single unspecified request.
A hypothetical example: a business owner wants a seized laptop back. The laptop contains business records, but the OM is also examining messages. Merely pointing to lost turnover does not address the evidential interest. A better prepared request deals with ownership, the state of the investigation, the administrative files required and whether keeping the device is still necessary. The outcome still depends on the file.
Discuss the costs of legal assistance in advance and whether subsidised legal aid is possible. Seizure proceedings are not free of charge in every situation. Our page on the costs of a criminal defence lawyer explains more. When you contact us, bring the receipt and all recent letters; this helps determine the right route more quickly.
Checking the release decision and the actual return
A positive decision on return does not always mean that the item is immediately available. Ask where it is being stored, which identification is needed and whether someone else can collect it with a letter of authority. Also check whether the decision covers all the items intended. With several seized items, one number may be missing or still fall under a different ground.
Inspect the belongings on receipt and compare them with the original list. Does the device still work, are the accessories present and has any visible damage occurred? Record discrepancies factually and keep the collection receipt. Do not sign, without understanding it, a statement that goes further than confirming that you have received a particular item. A dispute about damage requires its own substantiation and does not automatically lead to compensation.
If return to someone else is announced while you claim to be the person entitled, have the possible response assessed quickly. Do not wait until the item has actually been handed over. Send the announcement, ownership documents and earlier correspondence to your lawyer together. The recipient, date and content of such a notice may determine the appropriate next step.
Keep the complete seizure file even after the matter has been concluded. The information may be needed for a later damage claim, your records or a discussion with an insurer. Note which decision ended the seizure and on which date you actually got the item back. This keeps the difference between the legal decision and the practical settlement verifiable.
Seizure and examination of a phone are separate questions
The fact that a phone was lawfully seized does not mean that any examination of all its data may take place without further review. In March 2025, the Supreme Court of the Netherlands (Hoge Raad) adjusted its case law on the examination of data on digital devices following the Landeck judgment. The nature and extent of the interference and the required prior review are relevant here. Have the specific consent, authorisation, examination order and its execution assessed; an error does not automatically lead to return or the exclusion of evidence.
Keep the seizure documents you receive and discuss the legal options with your lawyer. Read the Supreme Court’s explanation of data examination after Landeck.
Frequently asked questions about seizure under criminal law
Do I have to wait until my criminal case is over?
No, a request for return or a complaint against a seizure can in some circumstances be dealt with during the investigation. Whether that makes sense depends on the ground for seizure and the state of the investigation. An early refusal does not automatically mean that the seizure may continue indefinitely.
Will I get my phone back if I am not prosecuted?
A dismissal is relevant, but check whether all grounds for seizure have lapsed and whether the item is not linked to another case. Ask for a written decision on the seizure. Do not assume that the dismissal letter also serves as a collection receipt.
Can my partner reclaim belongings taken from me?
That is possible if your partner can demonstrate a sufficient interest of their own and, for example, ownership rights. The registered name alone is not always decisive. Invoices, payments and agreements help to show who the item really belongs to.
Does a complaint stop a sale?
Not automatically. Discuss an intended sale immediately and ask which further action is possible in your case. Waiting for the ordinary hearing date may not be enough if a sale or destruction has been announced for an earlier date.
Can I withdraw a waiver later?
A waiver can have major consequences for your claim to return. Whether a statement can be challenged depends on the circumstances. Only sign once you understand what you are giving up, and have a waiver you have already signed assessed straight away.
Do I need a lawyer to complain about a seizure?
An interested party can usually file a complaint themselves. Legal assistance is particularly useful where there are several grounds for seizure, third-party ownership, large financial interests or special time limits. Ask in advance about the costs and possible funding of legal assistance.
Help with the return of seized belongings
Would you like to have it assessed whether your phone, car or money can be returned? Contact Arslan Advocaten and send us the receipt, the case number and the latest correspondence. We can discuss the ground for seizure, your interest and the appropriate procedure with you. If a sale has been announced or a time limit is approaching, a quick assessment should take priority.
Sources
Editorial team and responsible lawyer
Editorial team: Arslan Advocaten. Responsible lawyer for criminal law: Melanie Schulpen.
Last editorially updated: 22 September 2026. This general information is no substitute for an assessment of your own file.
