Court of Appeal confirms confiscation of Cg 4.147.400 from O.A.

The confiscation order is connected to criminal conduct for which O.A. was previously convicted. In that original decision, the Court determined that he had obtained significant financial advantage through unlawful activities and imposed a mandatory payment to the Country of Sint Maarten. Following the appellate ruling, this obligation remains fully in force.

At the time of the Court’s decision, O.A. is serving a prison sentence in Sint Maarten. The Court also confirmed that, should the full amount remain unpaid or unrecoverable, a three-year term of substitute detention may be imposed, in line with the original ruling.

During the appeal, the defense sought to overturn the confiscation or have the amount substantially reduced. Although the appellate proceedings exceeded the standard reasonable timeframe, the Joint Court found that this delay did not justify lowering the repayment amount. The Court ruled that the full confiscation remains appropriate and legally justified. 

With this decision, the confiscation order is final within the appellate process, and the full amount owed to the Country of Sint Maarten remains unchanged.