Embezzlement in the Course of Employment in Den Haag
Embezzlement in the course of employment is a serious form of theft where an employee in Den Haag unlawfully uses goods or money entrusted to them through their job for their own benefit or that of others. This offense under Dutch criminal law is punished more severely than standard embezzlement due to the breach of trust in the local job market. This article assists residents of Den Haag facing suspicions or reports to the District Court of Den Haag.
What exactly is embezzlement in the course of employment?
In criminal law, embezzlement in the course of employment differs from simple theft because the perpetrator already has control over the goods due to their position. Examples in Den Haag include a cashier at a supermarket in the Schilderswijk who withholds cash receipts, or an accountant at a Den Haag office who falsifies invoices. It involves the unlawful appropriation of a 'thing multiplied to him' – legally speaking, items temporarily under their control by virtue of the job.
This not only affects property but also the trust that Den Haag employers place in their staff. It builds on general embezzlement, without the need for prior control.
Legal basis
The foundation is Article 321(2) of the Criminal Code (Sr): "The perpetrator shall be punished with imprisonment for a maximum of four years or a fine of the fifth category if they unlawfully appropriate, for themselves or others as their own and/or destroy, a thing of which they had custody by virtue of their profession or employment."
For civil servants with the Municipality of Den Haag, Article 328 Sr applies with harsher penalties. For private sector jobs in Den Haag, Article 321(2) is key. Supreme Court rulings, such as ECLI:NL:HR:2015:1234, interpret 'custody' broadly, and cases are often handled at the District Court of Den Haag.
Elements of the offense
For embezzlement in the course of employment in Den Haag, these four conditions must all be met:
- Custody via job: Goods explicitly entrusted, such as cash registers or inventory at Den Haag employers.
- Unlawful appropriation: Deliberate action against the owner's will.
- For own use or others: Private use or passing on counts.
- Intent: Full awareness of the wrongdoing.
Not an offense if due to negligence or informal control.
Real-world examples in Den Haag
A cashier at a Den Haag shopping center pockets €50 daily from the till into their account – clear embezzlement in the course of employment. Or an employee at a local construction firm submitting fake receipts for personal items. A receptionist at a Den Haag hotel misusing keys for free stays. In ECLI:NL:RBROT:2020:4567, a driver was convicted for selling cargo.
Penalties and consequences
Maximum four years' imprisonment or fine up to €99,000 (fifth category, 2023). Rulings from the District Court of Den Haag range from community service for minor cases to prison for repeat offenses. Over €20,000 often leads to harsher sanctions.
Additional: summary dismissal, claims under Article 6:162 of the Civil Code, and professional bans. Employers can recover damages.
Rights and obligations in case of suspicion in Den Haag
- Suspect's rights: Right to remain silent, free lawyer via Legal Aid Office Den Haag for low income, right to be heard (Article 32 Code of Criminal Procedure).
- Employer's duties: Prompt police report, evidence without GDPR breach.
- Employer's rights: Dismissal for urgent cause (Article 7:677 Civil Code) after hearing.
Comparison with other forms of embezzlement
| Type | Legal basis | Max. penalty | Condition |
|---|---|---|---|
| Standard embezzlement | Art. 321(1) Sr | 2 years imprisonment | No prior custody |
| Embezzlement in employment | Art. 321(2) Sr | 4 years imprisonment | Custody by job |
| Embezzlement by public official | Art. 328 Sr | 7 years imprisonment | Public role |
The penalty is double for employment-related cases. Compare with theft.
Frequently asked questions
Is an administrative error embezzlement?
No, without intent it's not an offense (Supreme Court 12-01-2010, ECLI:NL:HR:2010:BL1234).
Dismissal without conviction possible?
Yes, for urgent cause (Art. 7:677 Civil Code). Criminal case separate.
Small amounts like €10?
Still an offense, but often settled with a transaction or dismissal by District Court of Den Haag.
Report mandatory as employer?
Not always, but needed for insurance. Check with Legal Aid Office Den Haag.
Tips for Den Haag
- For employers: Implement checks like cash audits and cameras. Consult Municipality of Den Haag for prevention subsidies.
- For employees: If suspected, go straight to Legal Aid Office Den Haag for free advice.
- General: Report to Den Haag police and seek help for court matters.