Fraud (art. 326 Sr) punishes insurance fraud with imprisonment and fine. Prosecution service transaction common; FIOD investigation crucial. Parallel civil liability. (20 words)
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Arslan AdvocatenLegal Editorial
1 min leestijd
Insurance fraud falls under Articles 326 and 359 of the Criminal Code: fraud and forgery. Maximum penalty: four years' imprisonment and €90,000 fine. The Public Prosecution Service applies a 90% transaction guideline for minor cases, but prosecutes systematic fraud. Evidence: witnesses, forensic investigation and data exchange via FIOD. Insurers report via the National Insurance Fraud Reporting Centre. Victims of fraudulent claims are injured parties with speaking rights. Court of Cassation 's-Hertogenbosch confirmed in 2022 that simulated injury is severely punishable. Civil ne bis in idem does not apply; parallel proceedings possible. Restoration fine and damages compensation via WM3 rules. Prevention via education and AI detection. Annually 10,000 prosecutions, with €200 million damage. Suspects have right to counsel and evidence request. International fraud affects extradition treaties. This regime effectively discourages abuse. (198 words)