Embezzlement is a form of property crime where someone appropriates an item they already lawfully possess. Unlike theft, where something is taken away, the perpetrator already had the item under their control, for example through a loan or safekeeping.
Definition of Embezzlement
According to Article 321 of the Dutch Criminal Code, embezzlement is the unlawful appropriation of an item that someone possesses in a legal manner. An example is failing to return a rented bicycle or spending money entrusted in trust.
What distinguishes embezzlement from theft?
In theft, an item is taken away without permission. In embezzlement, the perpetrator already possesses the item through a lawful agreement (such as rental or loan). The criminal offence arises from intentionally failing to return it or using it for one's own purposes.
Types of Embezzlement
- Basic Embezzlement - The standard offence (Article 321 Criminal Code)
- Embezzlement by Employees - Punished more severely, often in an employment relationship (Article 322 Criminal Code)
- Embezzlement by Administrators - By persons such as trustees or executors (Article 323 Criminal Code)
Penalties
- Basic Embezzlement: up to 3 years imprisonment
- Embezzlement in an Employment Relationship: up to 4 years imprisonment
- Embezzlement by Administrators: up to 4 years imprisonment
Practical Examples in Rijswijk
- Failing to return a borrowed laptop and reselling it
- As an employee, taking money from the cash register for personal use
- As a guardian, misusing a client's assets
- Keeping a found item despite knowing the owner
Defences
Defences may include: no deliberate intent (for example, forgetting), uncertainty about who the owner is, or a dispute that falls under civil law rather than criminal law.
Frequently Asked Questions about Embezzlement
What makes something embezzlement and not forgetfulness?
Embezzlement requires intent: you must consciously decide not to return the item. For example, if you sell a borrowed item instead of returning it, that is embezzlement. Forgetfulness followed by immediate action to rectify it usually does not count as a crime.
Can I file a police report if borrowed items are not returned?
Yes, if you can prove that the other party intentionally refuses to return them, you can file a police report with the police in Rijswijk. Evidence such as agreements or communication helps. The police will investigate whether it constitutes embezzlement, and you can claim compensation through the court.
What is the difference between theft and embezzlement?
Theft is taking something without permission (for example, from a shop). Embezzlement occurs when you already lawfully possess something (for example, borrowed) and then refuse to return it or use it yourself.
Is embezzlement always prosecuted criminally?
Not always. The Public Prosecution Service determines whether prosecution is necessary, depending on the case and evidence. In minor cases, a fine or settlement may follow. Serious cases, such as in an employment relationship, more often lead to a trial.
What are the consequences of a conviction for embezzlement?
A conviction can result in imprisonment (up to 4 years), fines or community service. Additionally, you may receive a criminal record, which can impact employment or travel. Compensation to the victim is often also mandatory.
For legal advice in Rijswijk, you can contact the Juridisch Loket Rijswijk. Cases are generally handled by the District Court of The Hague, under which Rijswijk falls.