Theft is one of the most common forms of crime in Utrecht. Whether it concerns shoplifting or residential burglary, the legislation distinguishes various forms with different penalty ranges.
Simple Theft (art. 310 Sr)
Theft involves the act of taking away an object that wholly or partly belongs to another, with the intention of unlawfully appropriating it.
Characteristics
- Taking away: bringing under one's own control
- Object: tangible item with value
- Of another: not the property of the perpetrator
- Intention to appropriate: acting as owner
- Unlawful: without permission
Penalty
Maximum penalty: 4 years' imprisonment or a fine in the 4th category.
Qualified Theft (art. 311 Sr)
In cases of aggravating circumstances, a stricter penalty is imposed.
Aggravating Circumstances
| Circumstance | Maximum Penalty |
|---|---|
| By multiple persons | 6 years |
| With burglary, breaking in or false keys | 6 years |
| At night in a dwelling | 9 years |
| With violence or intimidation | 9 years |
| During disasters such as fire or flooding | 9 years |
Residential Burglary in Utrecht
Residential burglary is punished more severely due to the violation of privacy and safety.
Key Aspects
- Forced entry: gaining access by force
- Breaking in: via alternative entrances such as windows
- False keys: use of counterfeit or stolen keys
- Tampering: opening secured spaces
Shoplifting
Shoplifting is a common form of theft in Utrecht and surrounding areas.
Handling
- First offence: often a penal order or hearing at the Public Prosecution Service
- Recidivism: summons to the criminal court
- Civil measures: compensation to the shop
Street Robbery
When theft is accompanied by violence or threat, it is regarded as street robbery or extortion.
Penalty Ranges
- Theft with violence: maximum 9 years
- Extortion: maximum 9 years
- With serious bodily injury: maximum 12 years
- With fatal outcome: maximum 15 years
Frequently Asked Questions about Theft in Utrecht
What to do if suspected of theft?
If you are suspected of theft in Utrecht, remain silent and immediately engage a lawyer. You are not obliged to speak during a police interrogation. A lawyer can safeguard your rights and prepare your defence. In minor cases, a fine via the Public Prosecution Service may suffice, but in serious suspicions, court proceedings often follow.
What is the penalty for shoplifting in Utrecht?
Shoplifting falls under simple theft (art. 310 Sr) with a maximum penalty of 4 years' imprisonment or a fine up to €22,500. For first-time offenders, the penalty is often milder, such as a fine or Public Prosecution Service hearing. In case of recidivism, a stricter penalty may follow, including civil claims by the shopkeeper. Legal advice is recommended.
What distinguishes simple from qualified theft?
Simple theft (art. 310 Sr) involves taking away goods without additional circumstances, with a penalty of maximum 4 years. Qualified theft (art. 311 Sr) includes aggravating circumstances such as violence or burglary, with penalties up to 9 years. The court carefully weighs the situation.
Relevant Institutions in Utrecht
Court: Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
Legal Aid: Juridisch Loket Utrecht, Catharijnesingel 55