Simple Theft in Den Haag
Simple theft is the standard form of theft involving the taking of someone else's movable property with the intent to unlawfully keep it for oneself or another, without violence, threats, or burglary. This offense is governed by Article 310 of the Criminal Code (Sr) and may result in a maximum prison sentence of four years before the District Court of Den Haag.
What constitutes simple theft in Den Haag?
Simple theft involves taking a movable item, such as a bicycle, handbag, or smartphone, belonging to another person. The perpetrator gains control (appropriates) it with the intent of unlawful appropriation, meaning to enrich oneself or a third party. In Den Haag, this frequently occurs in busy areas like the City Center or near the beach.
There must be no aggravating circumstances, such as violence or burglary; otherwise, it qualifies as qualified theft (Article 311 Sr). Examples in Den Haag include stealing bicycles from racks at Station Den Haag Centraal or shoplifting in the New Babylon shopping center.
Legal Basis
Article 310(1) of the Criminal Code defines it as: "Any person who takes away all or part of another person's movable property and thereby appropriates it for himself or another, with the intent to unlawfully benefit himself or another, shall be punished as guilty of theft with imprisonment for a maximum of four years or a fine of the fourth category."
The Supreme Court has clarified in rulings such as ECLI:NL:HR:2005:AT3687 that even brief possession can amount to theft if ownership rights are violated. For minors in Den Haag, juvenile criminal law applies under the Youth Justice Act.
Difference from Other Forms of Theft
Simple theft is the milder form. Comparison:
| Form | Statutory Provision | Characteristics | Maximum Penalty |
|---|---|---|---|
| Simple theft | Art. 310 Sr | Taking without violence, burglary, or at night | 4 years' imprisonment |
| Qualified theft | Art. 311 Sr | With violence, threats, in a home/car, or using keys | 6 years or 8 years (organized) |
| Burglary theft | Art. 311(2) Sr | Breaking into a home or building | Max. 6 years |
Read more in our article on Theft and Burglary in Den Haag.
Examples of Simple Theft in Den Haag
Taking an unlocked bicycle from a supermarket in Den Haag is simple theft. Or shoplifting in a store on Grote Marktstraat: putting cookies in a bag and walking out. Even a failed attempt (art. 45 Sr) is punishable.
- Shoplifting: Taking goods from Citymall without paying.
- Bicycle theft: From racks in the Schilderswijk or Zuiderpark.
- Bag theft: In a crowded HEMA or supermarket.
In 2022, police in the Haaglanden region recorded thousands of cases, peaking in urban hotspots (source: Politie.nl).
Rights and Obligations if Suspected in Den Haag
As a victim:
- Report immediately to the police via 0900-8844 or online.
- Gather evidence such as CCTV footage from Den Haag stores.
- Seek compensation from the perpetrator or the Violent Crimes Compensation Fund; consult Juridisch Loket Den Haag.
As a suspect:
- Right to remain silent and to a lawyer (art. 40 Sv).
- After arrest: call family and receive legal assistance.
- Cooperate with questioning, but avoid self-incrimination.
The Public Prosecutor decides; the case goes to the District Court of Den Haag. Accept a settlement or proceed to trial.
Penalties and Handling
Penalties vary: first offense often a fine or 20-40 hours of community service (Public Prosecutor's guidelines). Repeat offenses or high-value items lead to prison. Judges in Den Haag consider recidivism and damage (art. 63 Sr).
Frequently Asked Questions
Is stealing an apple in Den Haag simple theft?
Yes, even minor thefts qualify. Value affects the penalty, not the facts. Visit Juridisch Loket Den Haag for advice.
What if I return the bicycle in Den Haag?
The offense stands, but remorse may lead to a reduced sentence at the District Court of Den Haag.
Can it be handled civilly?
Yes, claim damages at the Den Haag district court; a criminal conviction strengthens your case.
Does 'borrowing' without permission count as theft?
No, without intent to appropriate. Contact Gemeente Den Haag for prevention tips.
Tips for Den Haag
For victims:
- Use sturdy locks and trackers for bicycles on Den Haag streets.
- Install cameras in stores or garages.
- Get legal expenses insurance or call Juridisch Loket Den Haag (free advice).
As a suspect:
- Seek help at Juridisch Loket Den Haag for a free consultation.
- Consider mediation through the municipality.
- Follow a Halt program to prevent recidivism.
Related topics: Theft Prevention in Den Haag.
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