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Criminal Prosecution for Welfare Fraud in Utrecht

Welfare fraud in Utrecht can lead to criminal prosecution under the Criminal Code. Discover the process at the Central Netherlands District Court, penalties, defense, and settlements by the Public Prosecutor's Office in Utrecht.

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Criminal Prosecution for Welfare Fraud in Utrecht

In Utrecht, welfare fraud can result not only in administrative sanctions from the municipality of Utrecht, but also in criminal prosecution. This falls under Article 348 of the Criminal Code (fraud) or Article 225 (forgery). The social investigation unit of the municipality of Utrecht conducts the investigation, after which the Public Prosecutor's Office (OM) in Utrecht decides on prosecution.

The Criminal Process in Utrecht

The process starts with a dismissal decision or summons from the Utrecht prosecutor's office. In case of prosecution, the hearing takes place before the single judge or multi-judge panel of the Central Netherlands District Court in Utrecht. Penalties range from fines to a maximum of 2 years' imprisonment, depending on the extent of the fraud and the damage to the Utrecht welfare fund.

Possible Defenses

Effective defenses include lack of intent, insufficient evidence from the Utrecht social investigation unit, or exceedance of the reasonable term. A specialized criminal lawyer in Utrecht is crucial. A settlement (transaction) via the Utrecht Public Prosecutor's Office is often feasible to avoid imprisonment, especially for smaller amounts.

Consequences after Conviction in Utrecht

  • Repayment ban by the municipality of Utrecht
  • Administrative fine from the Utrecht social domain
  • Damages to the municipality of Utrecht
  • Possible withdrawal of benefits via the Participation Desk

Fraud involving amounts over € 4,920 in Utrecht more often leads to criminal steps. The municipality of Utrecht encourages transparency: voluntary repayment and full disclosure can lead to penalty reduction or dismissal by the OM.