Criminal Prosecution in Benefit Fraud
Benefit fraud can result not only in administrative sanctions but also in criminal prosecution. This falls under Article 348 of the Criminal Code (fraud) or Article 225 (forgery). The Public Prosecution Service (OM) decides on prosecution following an investigation by the social investigation service.
The Criminal Process
The process begins with a decision to discontinue (sepot) or a summons. In case of prosecution, a hearing follows before the single judge (politierechter) or the multi-judge chamber. Penalties include fines up to 2 years' imprisonment, depending on the scale of the fraud.
Possible Defenses
Key defenses include lack of intent, insufficient evidence, or exceeding the reasonable term. A pro bono criminal lawyer is essential. A settlement (transaction) is often possible to avoid imprisonment.
Consequences after Conviction
- Municipal repayment ban
- Administrative fine
- Compensation to the municipality
Fraud involving amounts exceeding €4,920 more often leads to criminal prosecution. Transparency and voluntary repayment can result in a reduced sentence.
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