Criminal Prosecution for Welfare Fraud in Westland
In the municipality of Westland, welfare fraud can not only result in administrative sanctions from the municipality, but also lead to criminal prosecution under the Criminal Code. This typically falls under Article 348 (fraud) or Article 225 (forgery). The social investigation unit of the municipality of Westland, often in collaboration with neighborhood teams in places such as Naaldwijk, Poeldijk or 's-Gravenzande, investigates reports of fraud, after which the Public Prosecution Service (OM) decides on prosecution.
The Criminal Process in Westland
The process starts with a dismissal decision or summons from the District Court of The Hague, which covers Westland. In case of prosecution, the hearing takes place before the single judge or the multi-judge panel at the Rotterdam District Court. Penalties range from fines to a maximum of 2 years' imprisonment, depending on the extent of the fraud, such as failure to report income from greenhouses or the glasshouse horticulture sector, where many Westlanders are employed.
Possible Defenses
Effective defense strategies include demonstrating lack of intent, insufficient evidence, or exceedance of the reasonable term. A specialized pro bono criminal lawyer from the Westland region is crucial. A settlement via transaction is frequently possible, especially for first offenses, to avoid imprisonment and resolve the matter quickly.
Consequences after Conviction in Westland
- Temporary repayment ban by the municipality of Westland
- Administrative fine from the social domain of Westland
- Full compensation of damages to the municipality
- Possible withdrawal of benefits for a longer period
Fraud involving amounts exceeding € 4,920 more often results in criminal proceedings. In Westland, with its strong community ties, voluntary reporting and repayment via the neighborhood team can lead to reduced penalties or even waiver of prosecution.