Theft
Frequently Asked Questions
penalty theft
theft lawyer
theft report police
theft insurance
embezzlement fraud
difference between theft, fraud, receiving stolen goods, and embezzlement
Theft is a criminal offense that is taken seriously in the Netherlands. Because it comprises about half of all crimes in the Netherlands, it also ranks as the No. 1 most common type of crime.
What constitutes theft?
According to Article 310 of the Criminal Code, theft falls under crimes with as follows: "He who takes away any property that belongs in whole or in part to another, with the intention of unlawfully appropriating it."
This means that a thief takes something from another person without permission. It can include things you can physically grasp(Material objects), such as a scooter and a phone, as well as things you cannot touch(Intangible objects), such as online goods and electricity.
What is the difference between theft, fraud, handling and embezzlement?
As mentioned above, we speak of theft when a thief takes something from another without having had permission to do so.
- Fraud: fraud is also a form of theft, where falsification or deception can be used to gain advantage by losing the victim, which can be not only a person but also a business.
- Blackout: a thief takes something away, while an embezzler is already in legal possession of the good. For example, if you take a book from a library without permission, that is theft. But if you borrow that book and deliberately do not return it, that is embezzlement.
- Healing: handling occurs when you obtain, possess, or transfer a good when you knew or should have known that the good came from a crime. So if you buy a stolen bicycle, you are guilty of receiving stolen goods. This also applies if you buy a bicycle from someone you suspect is stolen.
It is understandable that all these terms and differences, can be very confusing for you. When you contact us you can ask further questions.
Penalties for theft
Simple or qualified
The judge also looks at the type of theft that occurred. There are two of these, simple or qualified.
- Simple theft: Simple theft can include stealing a telephone or shoplifting. Here there is no additional aggravating circumstances such as using a firearm, whether the victim suffered an injury, burglary, or entering private property without permission.
- Qualified theft: when we talk about aggravated theft, we're talking about theft where these punitive aggravating circumstances simply do exist.
Deprivation claim
In addition to the standard penalties the prosecution can impose, the prosecution can also require you to repay the stolen money or property. If you fail to do so, further problems may arise.
Suspected theft and police
Are you suspected of a theft? If police believe you have stolen something, it is wise to exercise the right to remain silent until you have spoken with an attorney. This is because what is said can be used against you later.
Police often use evidence such as camera footage, fingerprints or DNA to show that you stole something.
Lawyer needed theft
Sometimes the prosecutor's office handles theft cases out of court with a plea bargain or criminal charge, which can lead to a criminal record. A theft conviction can cause problems for your future, such as getting a criminal record and a Certificate of Good Conduct (VOG).
A strong defense is crucial if you are accused of theft to avoid negative consequences for you. The experienced criminal lawyers of law firm Der Bedrosian specialize in the field of theft.
So feel free to contact us for free advice and further legal assistance in your case.
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