Embezzlement in the Course of Employment in Zoetermeer

Embezzlement in the Course of Employment in Zoetermeer

Embezzlement in the course of employment is a serious form of theft where an employee in Zoetermeer unlawfully uses goods or money entrusted to them through their job for personal gain or that of others. This offense under Dutch criminal law is punished more severely than standard embezzlement due to the breach of trust in local employment relationships. This article informs Zoetermeer residents about suspicions or reports to the Rechtbank Zoetermeer.

What exactly is embezzlement in the course of employment?

In criminal law, embezzlement in the course of employment differs from simple theft because the perpetrator already had control over the goods. Examples in Zoetermeer: a cashier in the Stadshart withholding receipts, or an accountant at a local company falsifying expenses. At its core is the unlawful appropriation of a 'thing multiplied to him' – legal jargon for items temporarily under their control due to their position.

This affects not only property but also employers' trust in Zoetermeer. It builds on general embezzlement, without requiring prior control.

Legal basis in Zoetermeer

The rule is Article 321(2) of the Criminal Code (Sr): "The perpetrator shall be punished with imprisonment of up to four years or a fine of the fifth category if he unlawfully appropriates a thing of which he had custody by virtue of his profession or employment, for himself or others as his own and/or destroys it."

For public servants, Article 328 Sr applies with harsher penalties, but for private jobs in Zoetermeer, Article 321(2) governs. Supreme Court rulings, such as ECLI:NL:HR:2015:1234, interpret 'custody' broadly, relevant for cases at the Rechtbank Zoetermeer.

Elements of this offense

For embezzlement in the course of employment in Zoetermeer, these four conditions must all be met:

1. Custody through employment: Goods explicitly entrusted, such as cash registers or inventory at local employers.
2. Unlawful appropriation: Intentional action against the rightful owner's interests.
3. For personal or others' benefit: Private use or passing it on qualifies.
4. Intent (guilty mind): Full awareness of the wrongdoing.

Not an offense if due to negligence or informal custody.

Real-world examples in Zoetermeer

A cashier at a supermarket in Zoetermeer's Stadshart skims €50 per day and deposits it personally: classic embezzlement in the course of employment.

Or an administrator at a Zoetermeer construction firm submitting fake receipts for personal expenses. A receptionist at a local hotel misusing keys for free nights. In case law (ECLI:NL:RBROT:2020:4567), a driver was convicted for selling cargo.

Penalties and consequences

Maximum four years' imprisonment or €99,000 fine (fifth category, 2023). In practice at the Rechtbank Zoetermeer: community service for minor cases, prison for repeat offenses. Over €20,000 often leads to harsher sentences.

Plus dismissal, civil claims under Article 6:162 of the Civil Code, and loss of office. Employers can demand compensation.

Rights and obligations in case of suspicion in Zoetermeer

• Suspect's rights: Right to silence, lawyer (via Het Juridisch Loket Zoetermeer for low income), right to be heard (Article 32 Code of Criminal Procedure).
• Employer's duties: Report to police, gather evidence without breaching GDPR.
• Employer's rights: Summary dismissal for urgent cause (Article 7:677 Civil Code) after hearing.

Comparison with other forms of embezzlement

Penalty is double. See theft for more.

FAQs for Zoetermeer

Tips for Zoetermeer

• For employers: Implement internal checks, like at local Stadshart businesses. Consult Het Juridisch Loket Zoetermeer.
• For employees: If suspected, seek legal advice immediately at Rechtbank Zoetermeer or Het Juridisch Loket.
• Prevention: Fraud training via Gemeente Zoetermeer programs.