Deception involves inducing someone by means of deceit to hand over money or property. Fraud is an umbrella term for various forms of financial deceit.
Deception (art. 326 Sr)
Deception concerns the use of fraudulent methods to induce someone to hand over goods, provide services or enter into obligations.
Methods of Deception
- Use of a false identity or title
- Fraudulent tricks
- A web of lies
Penalties
Maximum penalty: 4 years imprisonment or a fine in the 5th category
Types of Fraud
| Type of Fraud | Article | Maximum Penalty |
|---|---|---|
| Deception | 326 Sr | 4 years |
| Bottle of Wine Fraud | 326a Sr | 3 months |
| Insurance Fraud | 326 Sr | 4 years |
| Tax Evasion | AWR | 6 years |
| Benefit Abuse | Special Acts | Varies |
| Forgery of Documents | 225 Sr | 6 years |
Online Deceit
Internet fraud is a growing problem and is strictly addressed by authorities.
Common Forms
- Marketplace fraud (no delivery after payment)
- Phishing (fake messages to steal data)
- Identity Theft
- Cryptocurrency Scams
- Romance Fraud
Money Laundering (art. 420bis Sr)
Money laundering is the concealment of the illegal origin of money or property.
Penalty
- Intentional money laundering: up to 6 years imprisonment
- Repeated money laundering: up to 8 years imprisonment
- Culpable money laundering: up to 2 years imprisonment
Frequently Asked Questions about Deception and Fraud
How do I recognize an attempt at deception?
Deception is often recognizable by offers that are too good to be true, urgent requests for money or data, and unknown contacts. Be cautious with requests for advance payment, fake invoices or login details. Always verify the authenticity of the source and do not share confidential information via insecure channels. If in doubt: contact the official authority.
What to do if I have been deceived?
Report to the police as soon as possible, online or at the station. Collect all relevant evidence, such as emails, payment details and conversations. Contact your bank to stop transactions and possibly recover money. Also report the fraud to Fraudehelpdesk.nl and platforms involved such as Marktplaats.
What distinguishes deception from fraud?
Deception is a specific form of fraud in which someone loses goods or money through deceit (art. 326 Sr). Fraud encompasses a broader range of deceitful practices for financial gain, such as tax fraud or insurance fraud. Deception often affects individuals, while fraud can also harm governments or businesses.
How do I protect myself against phishing?
Be suspicious of unexpected messages requesting personal information. Always check the sender's email address and do not click on suspicious links. Use complex passwords and enable two-factor authentication. Ensure good antivirus software and keep your devices up to date. If uncertain: contact directly via an official channel.
What are the consequences of money laundering?
Money laundering can lead to a prison sentence of up to 6 years (or 8 years in case of repetition). In addition, it can cause reputational damage, financial fines and blocked bank accounts. Companies can also be held accountable. Money laundering undermines the reliability of the financial system and is strictly punished.
Legal Assistance in Leiden
For legal assistance, you can go to the Legal Counter Leiden, located at Stationsweg 46. In addition, the District Court of The Hague, Leiden location handles cases relating to deception and fraud in this region.