What is theft?
Theft is a common crime in the Netherlands that is legally defined as the intentional and unlawful taking of property belonging to another. To qualify as theft, it is essential that the perpetrator consciously intended to take something that is not his or her property. This means that there must be intent: the perpetrator knew that he or she was taking another's property without permission or legal basis.
Theft is different from healing. Theft is the unlawful taking of another's property with the intent to appropriate it. Healing, on the other hand, involves dealing with property known to have been obtained by a crime. While theft involves the original criminal act, handling involves profiting from the fruits of theft by receiving, selling or otherwise dealing with the stolen goods.
Theft thus involves a purposeful act, whereby the property of the rightful owner is taken away with the intention of unlawfully appropriating it. This intentional act constitutes a direct violation of the property right of another and cannot be justified by ignorance or mistake. The intent to obtain the property is a crucial element that distinguishes theft from other property crimes.
What types of theft are there?
There are several types of theft that can be distinguished. Click on one of the types of theft below to learn more about them.
- Common theft (e.g. stealing something from the supermarket)
- Qualified theft (e.g., a burglary)
- Theft with violence (e.g., a street robbery)
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 the personal circumstances of a defendant. (Years) long prison sentences can be imposed for theft. More often, the judge will impose (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.
Do you need a theft lawyer?
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 of (tijdens kantoortijden) bellen naar het telefoonnummer 020-6731548. Bij spoed (uzelf of een bekende van u wordt mogelijk binnenkort aangehouden) kunt u contact opnemen via ons spoedtelefoonnummer 06-26219010.
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