Fraude (oplichting)
Fraud, as defined in Article 326 of the Dutch Penal Code (DPC), includes misleading another with the purpose of enriching oneself or another. Fraud can have far-reaching consequences for victims and can therefore be severely punished. Have you been accused of fraud? Or are you a victim of fraud? Van Meekren Advocatuur can assist you with expert advice or assistance during a procedure.
Defense at fraud
At Van Meekren Advocatuur, you are assured of expert and dedicated assistance, regardless of the complexity of your case.
Van Meekren Advocatuur has extensive experience in assisting clients accused of fraud. We offer expert advice and defense to protect your interests.
Are you looking for a lawyer for fraud? Please fill out the form below to contact us.
I am suspected of fraud
Are you suspected of fraud? Then Van Meekren Advocatuur can do the following for you:
assistance during interrogation;
hear witnesses at the magistrate's court or at the hearing;
Assist in gathering exculpatory evidence;
representing you in court.
Should you be suspected of fraud , it is important that you seek legal assistance at an early stage. The earlier we are involved, the more we can do for you.
Learn more about fraud
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The legal definition of fraud from Article 326 DPC reads:
"He who, with intent to benefit himself or another unlawfully, by assuming a false name or a false capacity, by cunning artifice, or by a compound of contrivances, induces any person to surrender any property, to make information available, to enter into a debt or to extinguish a debt, shall be punished, as guilty of fraud, by imprisonment for a term not exceeding four years or a fine of the fifth category."
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The following requirements must be met for a conviction for fraud:
Intention of benefitting himself or another person
The word "intent" in the offense description of Article 326 DPC assumes that criminal liability only exists when someone acts with the intention of benefitting himself or another person.
Means of deception: the law here requires that the deception be by means of:
false pretenses;
assuming a false name or a false capacity;
cunning manoeuvres; or
a tissue of lies.
The perpetrator must have actually deceived the other person by employing one of the means of fraud mentioned in the law. This also contains a limitation of criminal liability: not every false statement is sufficient for fraud.
Movement to surrender a good the provision of information, to incur a debt or to cancel a debt.
For fraud to be proven, it is necessary that a person be "moved" by means of deception to commit the acts specified in that provision. The causal connection expressed in the component "moves" is present if it is plausible that the victim, partly under the influence of the misrepresentation caused by the fraudulent means, proceeds to a certain act. This result consists of the conduct of the deceived (ECLI:NL:HR:2020:1149).
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The penalty for fraud (oplichting) can be considerable. Under Article 326 DPC, fraud (oplichting) is punishable by imprisonment for up to four years or a fifth category fine. In cases of aggravating circumstances, such as professional swindling or defrauding vulnerable persons, the penalty may be higher.
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