{"id":3734,"date":"2026-11-04T09:25:30","date_gmt":"2026-11-04T08:25:30","guid":{"rendered":"https:\/\/verkeer.site\/?p=3734"},"modified":"2026-11-04T09:26:43","modified_gmt":"2026-11-04T08:26:43","slug":"inbeslagname-auto","status":"publish","type":"post","link":"https:\/\/verkeer.site\/en\/inbeslagname-auto\/","title":{"rendered":"Vehicle seizure: when is the police allowed to take your vehicle and how do you get it back?"},"content":{"rendered":"

By Tom Meevis, criminal defense lawyer at Law & More \u00b7 Published and content reviewed: 4 November 2026<\/p>\n

The police may seize your car if it can serve as evidence, if the car can be declared forfeited at a later date, or if the car serves as security for a fine or compensation (Articles 94 and 94a of the Code of Criminal Procedure). If you disagree with the seizure, you may file a complaint with the court (Article 552a of the Code of Criminal Procedure); the judge will then decide whether you get the car back.<\/p>\n

In this article, you will read when vehicle seizure is possible, how you can get the car back, when a judge can declare the car forfeited, and what that means for you financially.<\/p>\n

On what grounds can the police seize your car?<\/h2>\n

The Code of Criminal Procedure provides for two types of criminal seizure: the classic seizure under Article 94 of the Code of Criminal Procedure and the conservatory seizure under Article 94a of the Code of Criminal Procedure. The purpose of the seizure determines which rules apply.<\/p>\n

Classic seizure (Article 94 of the Code of Criminal Procedure)<\/h3>\n

According to Article 94 of the Code of Criminal Procedure, objects are subject to seizure if they can serve to bring the truth to light or to demonstrate unlawfully obtained advantage. Objects that may subsequently be declared forfeited or withdrawn from circulation also fall under this provision.<\/p>\n

In the event of an accident, the car may be seized, for example, for a technical examination of the brakes or speed. In the case of repeated traffic offenses, the goal may be for the judge to declare the car forfeited at a later date.<\/p>\n

Preservative attachment (Article 94a of the Code of Criminal Procedure)<\/h3>\n

Preservative attachment serves as security for subsequent payment. Pursuant to Article 94a, paragraphs 1 and 2, of the Code of Criminal Procedure, this is possible in cases of suspicion of an offence for which a fine of the fifth category may be imposed, for the recovery of that fine or of a confiscation measure.<\/p>\n

For a compensation measure for the victim (Article 36f of the Criminal Code), the threshold is lower: an offence for which a fine of the fourth category can be imposed (Article 94a, paragraph 3, of the Code of Criminal Procedure). This may apply in the case of an accident resulting in injury or death (Article 6 of the Road Traffic Act 1994).<\/p>\n

You can read about what other powers the police have along the road on our page about Traffic surveillance and detection<\/a>.<\/p>\n

For which traffic offenses does vehicle seizure occur?<\/h2>\n

Seizure primarily occurs in cases of recidivism, such as driving without a license multiple times, driving while under a driving ban, or repeated driving under the influence. In such cases, the car is the object with which the offense was committed.<\/p>\n

According to Article 33a, paragraph 1, sub c of the Dutch Criminal Code, objects with the aid of which the offense was committed may be declared forfeited. The Public Prosecutor can therefore order the seizure of the car with a view to subsequent forfeiture. Furthermore, for drivers who frequently commit offenses, the Public Prosecution Service adopts a stricter approach, such as the recidivism scheme for repeat offenders in traffic.<\/p>\n

As a rule, a single traffic violation does not lead to seizure to enable forfeiture. The seizure must be proportionate to the offense; the judge assesses this if you request it in your notice of complaint. You can read more about driving without a valid driver's license in our article about driving without a driver's license<\/a>.<\/p>\n

Seizure by the CJIB in case of unpaid traffic fines<\/h3>\n

Apart from criminal law, the CJIB can take action if Mulder fines are not paid. The WAHV regulates, among other things, the immobilisation of the vehicle (Article 28b WAHV) and the impoundment and storage or the use of a wheel clamp until the amount is paid (Article 29 WAHV).<\/p>\n

If the vehicle is not collected twelve weeks after the seizure, it may be sold, transferred, or destroyed in accordance with Article 29 of the WAHV. This route is separate from the seizure under Article 94 of the Code of Criminal Procedure.<\/p>\n

How do you get your car back?<\/h2>\n

Return to the person from whom the car was seized is the general rule (Article 116, paragraph 1, of the Code of Criminal Procedure). As soon as the interests of criminal proceedings no longer require the seizure, the car must be returned.<\/p>\n

You can first ask the Public Prosecutor to return the car. If he refuses this or does not respond, you can file a formal complaint. According to the Public Prosecution Service Instruction on Seizure (2024I001), the Public Prosecutor must always provide a reasoned assessment of whether there are still grounds for the seizure.<\/p>\n

How does a notice of complaint against seizure work?<\/h2>\n

By means of a notice of complaint, you ask the court to lift the seizure and return the car to you. The legal basis is Article 552a of the Code of Criminal Procedure.<\/p>\n

Who can file a complaint and with which court?<\/h3>\n

Only an interested party can file a complaint. This is, for example, the person from whom the car was seized or someone claiming to be the owner, such as a leasing company or a partner in whose name the car is registered.<\/p>\n

If no prosecution has yet been initiated, you must file the notice of complaint with the court in the district where the seizure took place. If the criminal case is already underway, the competent judge is the one handling the case or who last handled it. This is stated in the Guidance on complaints against seizure by the Judiciary<\/a>.<\/p>\n

Within what timeframe?<\/h3>\n

The notice of complaint must be filed as soon as possible. If prosecution has commenced, then no later than three months after the case has ended.<\/p>\n

If no prosecution has been initiated, the Judiciary guidelines (version July 29, 2026) stipulate a maximum time limit of two years following the seizure. In practice, do not wait too long: the sooner you file a complaint, the greater the chance that the car has not yet been sold.<\/p>\n

How does the judge review the case?<\/h3>\n

In the case of classic seizure, the judge assesses whether the interests of criminal prosecution oppose restitution. If it concerns confiscation, the seizure is lifted only if it is highly improbable that the criminal court will later confiscate the car.<\/p>\n

The judge does not decide on your guilt in the criminal case. He only assesses proportionality and subsidiarity if you invoke them yourself. If the judge declares the complaint well-founded, an order for return generally follows.<\/p>\n

When does the judge declare the car forfeited?<\/h2>\n

Confiscation means that the car becomes the permanent property of the State. The judge may impose this additional penalty upon a conviction for any criminal offence (Article 33, paragraph 1 of the Criminal Code).<\/p>\n

According to Article 33a, paragraph 1 of the Criminal Code, this concerns, among other things, objects belonging to the convicted person with which the offense was committed. According to Article 33, paragraph 2 of the Criminal Code, Article 24 of the Criminal Code applies accordingly. The judge will then take your financial capacity into account.<\/p>\n

What if the car belongs to someone else?<\/h3>\n

If the car does not belong to the convicted person, confiscation is only possible if the owner knew or could reasonably have suspected that the car was being used for the criminal offence (Article 33a, paragraph 2 of the Criminal Code).<\/p>\n

This is relevant in the case of a leased car, a company car, or a car belonging to a family member. In such a case, the owner can also file a complaint themselves as an interested party.<\/p>\n

What are the financial consequences of seizure?<\/h2>\n

In the event of forfeiture, you lose the car and its value. Obligations arising from a loan or lease contract do not automatically cease as a result; that depends on your contract.<\/p>\n

If the car cannot be kept, the Public Prosecution Service may have it sold. According to Article 117, paragraph 4 of the Code of Criminal Procedure, the seizure then rests on the proceeds. If the seizure is lifted later, you will receive the proceeds back instead of the car. According to the Public Prosecution Service instruction, the custodian may destroy or dispose of an object in deposit after two years (Article 118, paragraph 3 of the Code of Criminal Procedure).<\/p>\n

What can we do for you if your car is seized?<\/h2>\n