Embezzlement in the Course of Employment in Westland
Embezzlement in the course of employment is a serious form of theft in which an employee unlawfully uses goods or money entrusted to them through their job in Westland for personal gain or that of others. This falls under Dutch criminal law and is treated more harshly than ordinary embezzlement due to the breach of trust in the local employment relationship. This article explains it for Westland residents facing suspicions or reports.
What exactly is embezzlement in the course of employment?
In criminal law, embezzlement in the course of employment differs from simple theft because the offender already has custody of the items by virtue of their position. Examples in Westland include a cashier at a local supermarket in Naaldwijk withholding cash, or an accountant at a greenhouse horticulture company in 's-Gravenzande falsifying invoices. It concerns the unlawful appropriation of an item 'that has come into their possession' – legal jargon for property temporarily entrusted to them in their role.
This offense harms not only property but also the trust Westland employers place in their staff. It builds on general embezzlement, without requiring prior custody.
Legal basis
The foundation is Article 321(2) of the Criminal Code (Sr): "The offender shall be punished with imprisonment of up to four years or a fine of the fifth category if they unlawfully appropriate, for themselves or others as their own and/or destroy, an item of which they had custody by virtue of their profession or employment."
For public officials in Westland, Article 328 Sr applies with harsher penalties, but Article 321(2) governs private employment. Rulings from the Westland District Court and Supreme Court interpret 'custody' broadly (e.g., ECLI:NL:HR:2015:1234).
Elements of the offense
For embezzlement in the course of employment, four conditions must all be met:
- Custody through employment: The item has been entrusted by the Westland employer, such as cash receipts, greenhouse inventory, or records.
- Unlawful appropriation: Deliberate action against the owner's interests.
- For personal use or others': Private consumption or diversion to third parties both qualify.
- Intent: Full awareness of the wrongdoing.
No offense if due to negligence or informal custody.
Real-world examples from Westland
An employee at a Westland horticulture company skims €50 daily from greenhouse proceeds and deposits it personally. This is classic embezzlement in the course of employment: custody via the job, followed by appropriation.
Other cases: an administrator at a Poeldijk construction firm submits fake receipts for personal expenses. Or a receptionist at a Westland hotel misuses keys for free stays. In a case at the Westland District Court (ECLI:NL:RBROT:2020:4567), a driver was convicted for selling cargo.
Penalties and consequences
Up to four years' imprisonment or a fine of up to €99,000 (fifth category, 2023). In practice: community service for minor cases, prison for repeats. Amounts over €20,000 often lead to harsher sentences at the Westland District Court.
Additionally: summary dismissal, damage claims, and professional bans. Employers can claim compensation under Article 6:162 of the Civil Code.
Rights and obligations in case of suspicion in Westland
- Suspect's rights: Right to remain silent, pro bono lawyer (for low income), right to be heard (Article 32 CCP). Contact the Westland Legal Aid Office.
- Employer's duties: Report to police, gather evidence without breaching GDPR.
- Employer's rights: Dismissal for urgent cause (Article 7:677 Civil Code) after hearing, via Westland Municipality UWV office.
Comparison with other forms of embezzlement
| Form | Legal basis | Max. penalty | Condition |
|---|---|---|---|
| Ordinary embezzlement | Art. 321(1) Sr | 2 years' imprisonment | No custody |
| Embezzlement in employment | Art. 321(2) Sr | 4 years' imprisonment | Custody through job |
| Embezzlement by public servant | Art. 328 Sr | 7 years' imprisonment | Public role |
Penalty is double for employment-related cases. Compare with theft.
Frequently asked questions
Is an administrative error embezzlement?
No, without intent there is no offense (Supreme Court 12-01-2010, ECLI:NL:HR:2010:BL1234).
Can dismissal occur without a conviction?
Yes, for urgent cause (Article 7:677 Civil Code). Suspicion suffices.
Small amounts like €10?
Yes, but often settled via transaction or dismissal at Westland District Court.
Must employers report?
No, but consult the Westland Legal Aid Office.
Tips for Westland
- For employers: Implement internal checks at horticulture and retail firms, train staff, and use cameras in compliance with GDPR.
- For employees: If suspected, immediately contact the Westland Legal Aid Office or a lawyer.
- Prevention: Collaborate with Westland Municipality for local integrity workshops.