Embezzlement is a form of property crime whereby someone unlawfully appropriates a good that he has come into possession of in a legal manner. This distinguishes it from theft, because the perpetrator already had possession of the good, for example through rental or safekeeping.
Definition of embezzlement
According to article 321 of the Dutch Criminal Code, embezzlement is the unlawful appropriation of a good that someone has under their control other than by means of a crime. An example is not returning a borrowed bicycle or spending money that you were supposed to manage in trust.
What distinguishes embezzlement from theft?
In theft, someone takes away something that is not theirs, whereas in embezzlement the perpetrator already lawfully has the good in their possession. The criminal offence arises when he deliberately fails to return the good or uses it for his own purposes.
Types of embezzlement
- Standard embezzlement - The basic offence (article 321 Criminal Code)
- Embezzlement in an employment relationship - By an employee, with stricter penalties (article 322 Criminal Code)
- Embezzlement by an administrator - By, for example, a trustee or executor (article 323 Criminal Code)
Possible penalties
- Standard embezzlement: up to 3 years' imprisonment
- Embezzlement in employment relationship: up to 4 years' imprisonment
- Embezzlement by an administrator: up to 4 years' imprisonment
Practical examples in Utrecht
- Not returning a borrowed item and reselling it
- As an employee, taking money from the cash register for personal use
- As a guardian, misusing a client's funds
- Keeping a found object while the owner is traceable
Defence strategies
Some defence arguments may include: no deliberate intent (for example, forgetting to return something), uncertainty about who the rightful owner is, or a dispute that is of a civil law nature.
Frequently asked questions about embezzlement in Utrecht
When is something embezzlement and not simply forgetting?
Embezzlement requires intent: you must deliberately decide not to return the good. For example, if you sell a rented item instead of returning it, that is embezzlement. Genuinely forgetting and promptly rectifying it rules out embezzlement.
Can I file a police report if someone does not return my belongings?
Yes, if you have evidence that the other person is deliberately refusing to return it, you can file a police report with the police in Utrecht. Think of agreements or chat messages as evidence. Upon conviction, you can claim compensation for damages.
How does embezzlement differ from theft?
Theft is taking away something you do not possess, such as stealing from a shop. Embezzlement concerns goods that you already lawfully have, but do not return or use yourself when you are not allowed to.
Is embezzlement always prosecuted criminally?
Not always. The Public Prosecutor's Office in Utrecht determines whether prosecution is necessary, depending on the case. For minor offences, a fine or settlement may follow; for serious cases, a court case is more likely.
What happens in the event of a conviction for embezzlement?
A conviction may lead to imprisonment (maximum 4 years), fines or community service. You may also acquire a criminal record, which impacts employment or travel. Compensation to the victim is often mandatory.
Legal assistance in Utrecht
For advice or representation, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. Cases are handled at the Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1.