Simple Theft in Zoetermeer

Simple theft is the standard form of theft involving the taking of someone else's movable property with the intent to unlawfully appropriate it for oneself or another, without violence, threats, or burglary. This offense is governed by Article 310 of the Dutch Criminal Code (Sr) and can result in a maximum penalty of four years' imprisonment in Zoetermeer, heard before the District Court of Zoetermeer.

What does simple theft mean for residents of Zoetermeer?

Simple theft involves taking a movable item, such as a bicycle, handbag, or smartphone, belonging to another person. The perpetrator gains control over it with the intent of unlawful appropriation, meaning to enrich oneself or a third party. In Zoetermeer, this is common, for example, stealing bicycles at the station or bags in Stadshart.

No aggravating factors such as violence or burglary; otherwise, it qualifies as qualified theft (Article 311 Sr). Everyday examples include shoplifting in local supermarkets or bicycle theft from racks in neighborhoods.

Legal basis

Article 310(1) Sr states: "Any person who takes away, in whole or in part, movable property belonging to another and thereby appropriates it for himself or another, with the intent to unlawfully benefit himself or another, shall be punished as guilty of theft with imprisonment for a maximum term of four years or a fine of the fourth category."

The Supreme Court clarifies 'taking away' and 'appropriation': even brief possession infringes ownership (ECLI:NL:HR:2005:AT3687). For minors in Zoetermeer, juvenile criminal law applies under the Youth Act.

Difference from other forms of theft

Simple theft is the milder basic form. Comparison:

Type	Statutory provision	Features	Maximum penalty
Simple theft	Art. 310 Sr	Taking without violence, burglary, or nighttime element	4 years' imprisonment
Qualified theft	Art. 311 Sr	With violence, threats, in a home/car, or using false keys	6 years or 8 years (organized)
Burglary theft	Art. 311(2) Sr	Breaking into a home or building	Max. 6 years

Read more in our article Theft and Burglary in Zoetermeer.

Examples from Zoetermeer practice

An unlocked bicycle taken from Zoetermeer station: pure simple theft. Or a shopper stuffing candy into a bag at Albert Heijn in Stadshart without paying. Attempted theft (Art. 45 Sr) is also punishable.

Shoplifting: Taking goods from local stores without paying.
Bicycle theft: From street racks or near Seghwaert without breaking in.
Bag theft: Grabbing a bag in a busy Jumbo.

In 2022, police in Zoetermeer and the region recorded thousands of reports of simple theft, peaking around Stadshart (source: Politie.nl).

Rights and obligations if suspected in Zoetermeer

As a victim:

Report to Zoetermeer police (0900-8844 or via Zoetermeer municipality reporting point).
Gather evidence such as Stadshart camera footage or witness statements.
Claim compensation from the perpetrator or the Criminal Injuries Compensation Fund.

As a suspect:

Right to silence and lawyer (Art. 40 CCP).
After arrest: call family and receive assistance; contact Het Juridisch Loket Zoetermeer for free advice.
Cooperate with questioning without incriminating yourself.

The prosecutor decides; opt for a settlement or hearing at the District Court of Zoetermeer.

Penalties and resolution

Penalties vary: first offense often a fine or 20-40 hours of community service (prosecution guidelines). Repeat offenses or high value lead to prison. The judge considers recidivism and damage (Art. 63 Sr).

Frequently asked questions

Is stealing an apple in Zoetermeer simple theft?

Yes, even small values qualify. The penalty depends on circumstances, but the offense stands.

What if I return the bicycle in Zoetermeer?

This does not erase the offense, but may lead to a reduced sentence due to remorse.

Civil resolution possible?

Yes, claim damages at the district court; a criminal conviction supports this.

Is borrowing without permission theft?

No, without intent to appropriate.

Tips for Zoetermeer

Victims:

Use sturdy locks and trackers for bicycles at the station.
Cameras in stores or at home.
Legal expenses insurance or Het Juridisch Loket Zoetermeer.

Suspects:

Call Het Juridisch Loket Zoetermeer immediately for advice.
Consider mediation via the municipality.
Follow a Halt program for youth to prevent recidivism.

Related topics: Bicycle Theft in Zoetermeer, Shoplifting.

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