Theft is one of the most common criminal offences. Whether it concerns shoplifting or a housebreaking, the legislation provides various categories with different maximum penalties.
Simple Theft (art. 310 Sr)
Theft involves the taking away of an object that is wholly or partly the property of another, with the intention of unlawfully appropriating it.
Characteristics
- Taking away: bringing under one's own control
- Object: material item with value
- Property of another: not belonging to the perpetrator
- Intention to appropriate: acting as owner
- Unlawful: without permission
Penalty
Maximum: 4 years' imprisonment or a fine of the 4th category
Aggravated Theft (art. 311 Sr)
If there are aggravating factors, a higher penalty is imposed.
Aggravating Factors
| Factor | Maximum Penalty |
|---|---|
| By multiple persons | 6 years |
| With breaking, climbing in or false keys | 6 years |
| At night in a dwelling | 9 years |
| With violence or threat | 9 years |
| During calamities such as fire or flooding | 9 years |
Home Burglary
Burglary in a home is severely punished due to the violation of privacy and safety.
Specific Characteristics
- Breaking: forced entry
- Climbing in: via alternative access points such as windows
- False keys: use of counterfeit or stolen keys
- Breaking open: opening secured spaces
Shoplifting
A common form of theft that often occurs in shops.
Handling
- First offence: often a penal order or hearing at the Public Prosecution Service
- Recurrence: summons to the subdistrict court
- Civil proceedings: compensation to the shopkeeper
Street Robbery
When theft is accompanied by violence or threat, it is referred to as street robbery or extortion.
Penalty
- Theft with violence: maximum 9 years
- Extortion: maximum 9 years
- With serious injury: maximum 12 years
- With fatal outcome: maximum 15 years
Frequently Asked Questions about Theft in Leiden
What to do if suspected of theft?
If you are suspected, remain silent and contact a lawyer. You are not obliged to speak during an interrogation. A lawyer will help safeguard your rights. In minor cases, the Public Prosecution Service may propose a settlement, but in serious suspicions, a trial often follows. Keep all relevant documents for your defence.
What is the penalty for shoplifting?
Shoplifting falls under article 310 Sr with a maximum of 4 years' imprisonment or a fine up to €22,500 (4th category). For a first offence, the penalty is often a fine or Public Prosecution Service hearing. In case of recidivism, a heavier penalty may follow, and the shopkeeper may claim compensation. Legal advice is recommended.
What distinguishes simple from qualified theft?
Simple theft (art. 310 Sr) concerns the taking away of goods without additional circumstances, with a maximum of 4 years' imprisonment. Qualified theft (art. 311 Sr) includes factors such as burglary or violence, with penalties up to 6 or 9 years depending on the situation. The court takes the severity into account.
Relevant Institutions in Leiden
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46