Criminal lawyer theft

The legal definition of simple theft is found in Article 310 of the Penal Code:

"He who takes away any property belonging in whole or in part to another, with the intention of unlawfully appropriating it, shall be punished, as guilty of theft, by imprisonment for not more than four years or a fine of the fourth category."

"1 With imprisonment not exceeding six years or a fine of the fourth category shall be punished:

1. theft of cattle from pasture;

2. theft on the occasion of fire, explosion, flood, shipwreck, stranding, railroad accident, riot, mutiny or distress of war;

3. theft in a dwelling or in an enclosed yard on which a dwelling stands, by someone who is there without the knowledge or against the will of the rightful owner;

4. theft by two or more united persons;

5. theft in which the culprit gained access to the scene of the crime or brought the property to be taken away under his reach by means of burglary, breaking or entry, of false keys, of a false order or the assumption of a false name or of a false capacity, or by cunning artifice, or by a concoction of contrivances;

6. theft with the intent to prepare or facilitate a terrorist crime.

2 If the theft described in 3° is accompanied by one of the circumstances mentioned in 4° and 5°, imprisonment for not more than nine years or a fine of the fifth category shall be imposed."

Theft by force is defined in Article 312 of the Penal Code:

"1 Theft, preceded, accompanied or followed by violence or threats of violence against persons, committed with the intent to prepare or facilitate such theft, or, if caught in the act, to either enable the escape of himself or other participants in the crime, or to ensure possession of the stolen property, shall be punishable by imprisonment of not more than nine years or a fine of the fifth category.

2 Imprisonment not exceeding 12 years or a fine of the fifth category shall be imposed:

1. if the offense is committed either during the time designated for night rest in a dwelling or in an enclosed yard on which a dwelling stands; or on the public highway; or in a railroad train in motion;

2. iif the offense is committed by two or more united persons;

3. if the guilty party gained access to the scene of the crime by breaking and entering, false keys, false order or false suit;

4. If the act results in serious bodily injury;

5. if the act is committed with the intent to prepare or facilitate a terrorist crime.

3 Imprisonment not exceeding fifteen years or a fine of the fifth category shall be imposed if the offence results in death."

Examples of theft by force include:

• home robbery

• street robbery

• store robbery

• theft involving threats with a weapon

Statutory penalty caps

The law lists the maximum penalties that judges can impose. The maximum penalty for simple theft is imprisonment for up to four years or a fourth-category fine. This can rise to a maximum prison sentence of 15 years or a fifth-category fine if the offense results in death.

LOVS landmarks

Judges rarely impose the maximum sentence. A better indication of the sentence the judge will impose is the LOVS landmarks. These list the sentencing guideline points that judges have coordinated among themselves for common crimes. Note that these are only guideline points. Judges can deviate from these, both upward (up to the maximum) and downward.

For shoplifting , the following landmarks apply to a first offender:

• Simple shoplifting: fine of €200

• Shoplifting involving organized and/or professional/ sophisticated (prepared bag/clothing) conduct (also mobile banditry): 2 months' imprisonment

• Shoplifting with (threats of) simple violence after being caught. 2 months GS ov 3 months GS ov 4 months GS ov 21 These are shoplifting offenses in which, after being caught, it does not go beyond a push, a shove, a jab, pulling or pulling loose (defensive, light violence). No object (screwdriver, knife) is used in (the threat of) violence and there are no significant injuries: 2 months' imprisonment

• Shoplifting with violence (hitting/kicking) or threatening with an object (screwdriver/knife) after being caught: 3 months' imprisonment

If there is recidivism, increased landmarks apply.

For theft of means of transportation, the following landmarks apply to a first offender:

• Bike theft: fine of €300

• Theft of moped, scooter, moped or electric bicycle: 30 hours of community service

• Theft of motorcycle or car (in parked condition by breaking/breaking): 120 hours of community service

• Truck theft: 3 months imprisonment

If there is recidivism, increased landmarks apply.

For pickpocketing, purse snatching and street robbery, the following landmarks apply to a first offender:

• Pickpocketing: 120 hours of community service

• Pickpocketing involving organized and/or professional/ sophisticated operations (also mobile banditry): 2 months' imprisonment

• Purse snatching with a single push/pull: 3 months imprisonment

• Street robbery with mild violence or verbal threat: 6 months' imprisonment

If there is recidivism, increased landmarks apply.

For burglary/intrusion , the following landmarks apply to a first offender:

• Theft from car (not cargo theft: 90 hours of community service

• Cargo theft: 3 months' imprisonment

• Burglary of business premises (school/canteen): 120 hours of community service

• Residential burglary (art. 311 (1) sub 3 Sr): 2 months imprisonment

• Residential burglary (art. 311 (1) sub 5 Sr): 3 months' imprisonment

If there is recidivism, increased landmarks apply.

The following landmarks apply to ram and squash attacks:

• Ram raid: 12 months in prison

• Assault (common danger to property): 2 years' imprisonment

• Assault (danger to life or serious bodily injury): 3 years' imprisonment

The following landmarks apply to robbery and robbery accompanied by mild violence:

• Robbery store (including bank, gas station and post office): 2 years' imprisonment

• CIT robbery (including robbery of cash carrier): 30 months' imprisonment

• Robbery truck: 30 months in prison

• Robbery home: 3 years in prison

If there is other violence, heightened landmarks apply.