Theft is a common offence in Rijswijk and surrounding areas. Whether it concerns shoplifting or a home burglary, the legislation provides various penalties depending on the situation.
Simple Theft (art. 310 Sr)
Theft consists of taking away a good that is not entirely one's own, with the intention of unlawfully appropriating it.
Key Characteristics
- Taking away: bringing under one's own control
- Good: material object with value
- Of another: not the property of the perpetrator
- Intention to appropriate: treating as one's own property
- Unlawful: without permission of the owner
Penalty
Maximum of 4 years' imprisonment or a fine in the 4th category (up to €22,500).
Qualified Theft (art. 311 Sr)
In the case of specific aggravating factors, a heavier penalty is imposed.
Aggravating Factors
| Situation | Maximum Penalty |
|---|---|
| With 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 disasters such as fire or flooding | 9 years |
Home Burglary in Rijswijk
Burglary in a house is punished more severely due to the violation of privacy and safety.
Characteristics of Burglary
- Breaking: forced entry
- Climbing in: via alternative entry points such as windows
- False keys: use of counterfeit or stolen keys
- Breaking open: opening secured spaces
Shoplifting in Rijswijk
Stealing from shops is a common form of theft in the region.
Treatment
- First offence: often a penal order or hearing at the Public Prosecution Service
- Recurrence: case for the subdistrict court
- Civil claim: shopkeepers can claim compensation for damages
Street Robbery
When theft is accompanied by violence or intimidation, it is referred to as street robbery or extortion.
Penalties
- 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 Rijswijk
What to do if I am accused of theft?
If you are suspected of theft in Rijswijk, remain silent and immediately engage a lawyer. You do not have to answer during an interrogation. A lawyer can represent your rights and assist you with a possible transaction or court case. Keep all relevant documents for your defence.
What is the penalty for shoplifting?
For shoplifting, a maximum penalty of 4 years' imprisonment or a fine up to €22,500 (4th category) applies. For a first offence, the penalty is often a fine or Public Prosecution Service hearing, but in case of recurrence, the penalty may be heavier. Shopkeepers can also demand compensation for damages.
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' penalty. Qualified theft (art. 311 Sr) includes factors such as violence or burglary, with penalties up to 9 years depending on the situation.
What if my home in Rijswijk has been burgled?
Report it to the police in Rijswijk immediately and document all damage. Contact a lawyer or the Rijswijk Legal Advice Centre for help with any claims or legal steps.