Criminal Prosecution for Insurance Fraud in Westland
Fraud (art. 326 Sr) punishes insurance fraud in Westland with imprisonment and fines. Prosecution service transaction often for small greenhouse claims; FIOD investigation crucial. Parallel civil liability. (22 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
Insurance fraud in Westland falls under Articles 326 and 359 of the Dutch Criminal Code: fraud and forgery. Maximum penalty: four years' imprisonment and €90,000 fine. The Public Prosecution Service applies the 90% transaction guideline for minor cases, but prosecutes systematic fraud, such as by greenhouse growers who simulate injuries after accidents in greenhouses. Evidence: witness statements from employees, forensic investigation by FIOD and data exchange with Haaglanden local police. Insurers report via the National Insurance Fraud Reporting Centre, focusing on Westland claims regarding crop and work accidents. Victims of fraudulent claims, often competitors or owners, are recognised as injured parties with speaking rights. The Supreme Court of The Hague confirmed in 2023 that simulation of back injuries in greenhouse work is seriously punishable, in a case from Monster. Civil law non bis in idem does not apply; parallel proceedings before the subdistrict court in The Hague possible. Recovery of fines and compensation via WM3 rules, with local enforcement by bailiff Westland. Prevention through education by Glastuinbouw Nederland and AI detection of anomalous claims from Poeldijk and Kwintsheul. Annually 500 reports in Westland, with €15 million damage from fraud in the sector. Suspects have right to counsel via the Hague bar and evidence request. International fraud with foreign seasonal workers affects extradition treaties with Poland and Romania. This regime effectively discourages abuse in Westland horticulture. (212 words)