Embezzlement is a form of property crime whereby someone unlawfully appropriates a good that he possesses legally. Unlike theft, where something is taken away, in embezzlement the perpetrator already had the good in his possession, for example through rental or safekeeping.
Definition of embezzlement
According to Article 321 of the Dutch Criminal Code, embezzlement is the intentional appropriation of a good that someone possesses other than through a crime. Examples include a rented bicycle that is not returned or money that has been handed over in trust and subsequently used for personal purposes.
What distinguishes embezzlement from theft?
In theft, a good is taken away without permission. In embezzlement, the good is already lawfully in the possession of the perpetrator, for example through a loan or agreement. The criminal offence arises when the perpetrator deliberately fails to return the good or uses it for his own purposes.
Types of embezzlement
- Basic embezzlement - The standard offence (Article 321 Criminal Code)
- Embezzlement as an employee - By an employee, with stricter penalties (Article 322 Criminal Code)
- Embezzlement by an administrator - By a guardian or trustee (Article 323 Criminal Code)
Penalties
- Basic embezzlement: Up to 3 years' imprisonment
- Embezzlement as an employee: Up to 4 years' imprisonment
- Embezzlement by an administrator: Up to 4 years' imprisonment
Practical examples in Zoetermeer
- Not returning a borrowed laptop and reselling it
- As an employee, taking money from the cash register for personal use
- As a guardian, spending a client's funds for personal purposes
- Keeping a found item while the owner is traceable
Defence possibilities
A defence may be based on the absence of intent (for example, forgetting to return something), uncertainty about who the owner is, or a dispute that is civil in nature rather than criminal.
Frequently asked questions about embezzlement in Zoetermeer
When is something embezzlement and not a mistake?
Embezzlement requires deliberate intent: the perpetrator must intentionally fail to return the good or keep it for himself. If, for example, you forgot to return a borrowed item and correct this immediately, there is no criminal offence. Intent is essential.
Can I file a police report in Zoetermeer if borrowed items are not returned?
Yes, you can file a police report with the police in Zoetermeer if you can demonstrate that the other party intentionally fails to return your property. Gather evidence such as agreements or communications. The police will investigate whether embezzlement is involved, and you can claim compensation through the civil court.
How does embezzlement differ from theft?
Theft is taking something without permission (for example, from a shop). In embezzlement, the perpetrator already legally possesses the good, such as through rental or loan, and the offence arises from failing to return it or using it personally.
Is every embezzlement case prosecuted criminally?
Not always. The Public Prosecution Service determines whether a case will be prosecuted, depending on the severity and evidence. In minor cases, a fine or settlement may follow. In serious cases, such as embezzlement by an employee, prosecution is more likely.
What are the consequences of a conviction for embezzlement?
A conviction may result in imprisonment (up to 4 years), a fine or community service. Additionally, you may receive a criminal record, which can impact employment or travel. Compensation to the victim is often also mandatory.
Assistance in Zoetermeer
For legal assistance, you can contact the Juridisch Loket Zoetermeer. Cases involving embezzlement fall under the District Court of The Hague, to which Zoetermeer is subject. Ensure you are well informed about your rights and obligations.