Theft is a common crime in the Netherlands. Theft is punishable under Article 310 of the Criminal Code. In a legal sense, theft means that someone takes a good from another person. This must involve property that belongs to another. One of the legal requirements for theft is that whoever takes the good away from another did so with the actual intention of taking the good away. In principle, it carries a maximum prison sentence of up to four years or a fourth-category fine (€25,750). Common theft is different from theft by force or aggravated theft.
What does the law article say regarding theft?
The law article criminalizing theft, Article 310 of the Penal Code, reads as follows:
'He who takes away any property belonging wholly or partly to another, with the intention of unlawfully appropriating it, shall be punished, as guilty of theft, by imprisonment for a term not exceeding four years or a fine of the fourth category.'
What penalties can be imposed for theft?
Ultimately, it is up to the judge to judge whether a criminal offense has been committed. If this turns out to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. This includes a defendant's personal circumstances. The maximum prison sentence that can be imposed for theft is four years. However, this is by no means always imposed. More often, the judge imposes (conditional) community service or a fine.
A lawyer from Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a case of suspected theft. For example, one of our lawyers can point out to the judge that there is too little evidence. In that case, acquittal should follow. Sometimes it happens that a suspect has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten can provide circumstances why a low(er) sentence should follow.
Is attempted theft punishable?
Attempted theft can also be punishable. It follows from Article 45 Criminal Code that an attempt to commit a crime is punishable, but there must have been a beginning of execution of the crime. The answer to whether there was a beginning of execution depends on the facts and circumstances of the case. Case law shows that what is important here is how close a defendant's conduct is to the completion of an intended crime.
In addition, a person must have actually intended to commit a theft. In criminal law, this is also called (conditional) intent. (Conditional) intent exists if a defendant has consciously accepted the substantial probability that the consequence mentioned in the penalty provision (such as, for example, in the case of theft, the removal of the good) will occur.
An attempted theft carries a lower maximum prison sentence than a completed theft. This is because the maximum prison sentence for attempted theft is reduced by 1/3 of the maximum prison sentence for the completed offense.
Exoneration for (attempted) theft?
With regularity, suspects are acquitted of this crime. An example is shown below.
The defendant was acquitted of theft by force despite assaulting and beating the declarant. Although the declarant's car key was found next to the defendant, the evidence was insufficient to conclude that the key had been stolen. Camera footage and witness statements did not show that the defendant had actually taken the key. The court could not find that the defendant had committed the offense charged.
Need a lawyer for (attempted) theft?
The lawyers of Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists and can assist you at the moment you are suspected of (attempted) theft. Our lawyers will discuss with you the criminal case file and together with you determine a strategy that can achieve the success you desire. However, it is good for you to know that our lawyers do not bake sweet cakes; we give sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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