Theft is one of the most common criminal activities in Westland. From small shopliftings to serious residential burglaries: the legislation distinguishes various types with different maximum penalties.
Simple Theft (art. 310 Sr)
Simple theft involves taking away an object belonging to someone else without permission, with the intention of unlawfully appropriating it.
Key Characteristics
- Taking away: bringing under one's own control
- Object: a material item with value
- Of another: not owned by the perpetrator
- Intention to appropriate: treating as one's own property
- Unlawfully: without lawful permission
Penalty
Maximum of 4 years' imprisonment or a fine in the 4th category (up to €22,500).
Qualified Theft (art. 311 Sr)
In the presence of aggravating factors, a higher penalty is imposed.
Aggravating Factors
| Factor | Maximum Penalty |
|---|---|
| Committed 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 disasters such as fire or flooding | 9 years |
Residential Burglary in Westland
Residential burglary is punished more severely due to the violation of residents' privacy and safety.
Specific Aspects
- Breaking: obtaining forced access
- Climbing in: entering via alternative routes such as windows
- False keys: use of counterfeit or stolen keys
- Breaking open: opening secured spaces
Shoplifting
Shoplifting is a common form of theft in Westland and surrounding areas.
Handling
- First offence: usually a penal order or hearing at the Public Prosecution Service
- Recidivism: appearance before the district court judge
- Civil measures: shopkeepers can claim compensation for damages
Street Robbery
When theft is accompanied by violence or intimidation, it is classified as theft with violence or extortion.
Penalties
- Theft with violence: maximum 9 years
- Extortion: maximum 9 years
- With serious bodily injury: maximum 12 years
- With fatal outcome: maximum 15 years
Frequently Asked Questions about Theft in Westland
What to do if suspected of theft?
If you are suspected of theft in Westland, remain silent and immediately engage 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 transaction, but in serious suspicions, a trial at the District Court of The Hague often follows.
What is the penalty for shoplifting in Westland?
Shoplifting falls under simple theft (art. 310 Sr) with a maximum of 4 years' imprisonment or a fine up to €22,500. For first-time offenders, the penalty is often a fine or Public Prosecution Service hearing, but in case of recidivism, the district court judge may impose stricter penalties. Shopkeepers can also claim civil compensation for damages.
What distinguishes simple from qualified theft?
Simple theft (art. 310 Sr) is the taking away of goods without additional circumstances, with a maximum penalty of 4 years. Qualified theft (art. 311 Sr) involves more serious situations such as burglary or violence, with penalties up to 9 years depending on the severity.
How can I get legal assistance in Westland?
For legal aid, you can contact the Juridisch Loket Westland. They offer free advice and can refer you to a lawyer if necessary.