Reporting Obligation in Criminal Law for Westland
As a resident of Westland, you have a reporting obligation: the legal duty to report serious criminal offenses immediately to the police or the assistant public prosecutor. This applies to crimes punishable by more than a fine of the first category. It aids investigations in our region and protects the local rule of law, for example in incidents in horticulture or on the streets in 's-Gravenzande.
What Does the Reporting Obligation Mean for Westlanders?
This duty stems from the citizen's role in law enforcement. You do not need to report minor offenses, but you must report serious crimes such as break-ins in greenhouses, violence, or theft. The obligation arises upon knowledge of the offense – as a witness, victim, or through reliable information – and requires immediate action, ideally within 24 hours at the police in Westland.
This article builds on our guide to filing a report in Westland. We delve deeper into the obligation: when, for whom, and why. If in doubt: call Het Juridisch Loket Westland for free advice.
Legal Basis
At the core is Article 162 of the Code of Criminal Procedure (Sv): "Those with knowledge of crimes punishable by more than a fine of the first category (€495 in 2023) must report without delay to the assistant public prosecutor, public prosecutor, or examining magistrate at the District Court Westland." Violations such as illegal dumping fall outside; crimes like theft (art. 311 Sr) do not. Additional duties apply to officials of the Municipality of Westland (art. 162(2) Sv) or bank employees in cases of money laundering.
Failure to report is punishable under art. 284 Sr (failure to assist police).
Who in Westland Must Report and When?
All residents with concrete knowledge of a serious crime, regardless of ties to the perpetrator (except family). This includes:
- Witnesses: You see a break-in at a horticultural business in Monster.
- Victims: Your bike is stolen in Naaldwijk.
- Third parties: A friend tells you about fraud at a local business.
Rumors generally do not count.
Exceptions
There are exemptions:
- Professional secrecy: Doctors, lawyers, and clergy in Westland (art. 272 Sr), except in extreme cases like child murder.
- Family: No duty against parents, partner, or children (art. 162(3) Sv).
- No urgency: Perpetrator already arrested by Westland police.
Examples from Westland
Example 1: Purse Snatching in Poeldijk
You witness a mugging and call 112. Properly reported.
Example 2: Fraud in the Greenhouses
As an employee, you discover crop theft. Report to police, or face liability yourself.
Example 3: Professional Secrecy
A local lawyer hears about violence; professional privilege usually applies.
Comparison:
| Situation | Obligation in Westland? | Reason |
|---|---|---|
| Urinating in public in Kwintsheul | No | Fine of 1st category |
| Break-in in Westland greenhouse | Yes | Crime, art. 162 Sv |
| Doctor in domestic violence case | No (usually) | Professional secrecy |
| Employee in money laundering | Yes | Specific law |
Rights and Obligations
Obligations:
- Report promptly via police or online.
- Provide full details.
- No false reports (art. 188 Sr).
Rights:
- Anonymous via Meld Misdaad Anoniem (0800-7000).
- No penalty for proper reporting.
- Victims: support via District Court Westland (art. 51a Sv).
Failure to report: up to 3 months imprisonment or €9,000 fine (art. 284 Sr), rarely imposed without gross negligence.
Frequently Asked Questions for Westland
Must I report family?
No for close family (art. 162(3) Sv). Otherwise yes.
Reported too late?
Without delay means as soon as possible. Westland police assesses; always report promptly.
Stricter duty as Municipality of Westland official?
Yes, report immediately (art. 162(2) Sv), or face dismissal and penalties.
Anonymous possible?
Yes, via 0800-7000 or app. Formal reports often require ID; consult Het Juridisch Loket Westland.