Deception involves inducing someone by deceit to hand over money or property. Fraud encompasses a wide range of fraudulent practices aimed at financial gain.
Deception (art. 326 Sr)
Deception concerns the use of misleading methods to induce someone to hand over goods, provide services, or enter into obligations.
Methods of Deception
- Use of a fictitious identity or role
- Fraudulent tricks
- A web of lies
Penalty
Maximum penalty: 4 years' imprisonment or a fine of the 5th category
Types of Fraud
| Type | Article | Maximum Penalty |
|---|---|---|
| Deception | 326 Sr | 4 years |
| Bottle of wine trick | 326a Sr | 3 months |
| Insurance fraud | 326 Sr | 4 years |
| Tax fraud | AWR | 6 years |
| Benefits fraud | Special laws | Variable |
| Forgery | 225 Sr | 6 years |
Online Fraud
Internet deception is a growing problem and is strictly penalised in Westland and beyond.
Examples of Online Fraud
- Marketplace scam (no delivery after payment)
- Phishing (fake messages to steal data)
- Identity theft
- Cryptocurrency scam
- Romance fraud
Money Laundering (art. 420bis Sr)
Concealing the illegal origin of money or assets.
Penalties
- Intentional money laundering: maximum 6 years
- Repeated money laundering: maximum 8 years
- Culpable money laundering: maximum 2 years
Frequently Asked Questions about Deception and Fraud
How do I recognise an attempt at deception?
Deception is often recognisable by offers that are too good to be true, urgent requests for payment or data, and suspicious senders. Watch out for advance payments or fake invoices and do not share personal information via insecure channels. Always verify the authenticity of the source.
What to do if I have been deceived?
Report to the police as soon as possible, online or at the station. Gather evidence such as emails and payment details. Inform your bank to stop transactions and report the fraud to relevant authorities such as the Fraud Helpdesk.
What distinguishes deception from fraud?
Deception is a form of fraud in which someone is harmed by deceit (art. 326 Sr). Fraud is a broader concept and also includes matters such as tax and insurance fraud, which can affect both individuals and institutions.
How do I protect myself against phishing?
Be cautious with unexpected messages requesting data. Always check the email address and do not click on unknown links. Use strong passwords, two-factor authentication, and keep your software up to date.
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, you risk reputational damage, financial fines, and blocked accounts. It also harms the integrity of the financial system.
Court: District Court of The Hague (district)
Legal Aid Office: Juridisch Loket Westland