Criminal lawyer embezzlement
Embezzlement is punishable under Article 321 of the Dutch Penal Code. Embezzlement means that someone intentionally appropriates another person's property that he or she lawfully possesses. Examples are a tenant who does not return the rental car or a notary who uses his trust account for his own benefit.
Embezzlement thus resembles theft, but also differs from it. The thief never had the stolen property lawfully in his possession. The embezzler did initially have the embezzled property in his possession lawfully, but mishandled it.
Legal aid embezzlement
Are you facing embezzlement charges and looking for a criminal lawyer? Van Meekren offers expert legal assistance, both advisory and procedural.
I am a victim of embezzlement and/or seeking advice about embezzlement
Perhaps you are an employer and are considering filing charges against one or more of your employees. Perhaps it is not entirely clear to you whether your particular case qualifies as a criminal offense. Or perhaps you simply want to consult with an experienced lawyer about the way forward and the potential risks.
For these issues and more, you can also contact Van Meekren Advocatuur.
I am suspected of embezzlement
If you are suspected of embezzlement, you may have a lot on your mind. In property crimes , prosecutors sometimes demand large sums of money. Sometimes the prosecution also seizes assets. In such cases, it is important that you hire a specialized criminal law firm. Among other things, we can do the following for you:
assistance during interrogation;
complaint against attachment;
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 embezzlement, it is important that you seek legal assistance at an early stage. The earlier we are involved, the more we can do for you.
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The legal definition of embezzlement is found in Section 321 of the Dutch Penal Code and reads as follows:
"He who intentionally misappropriates any property belonging in whole or in part to another and which he has in his possession other than by crime, shall be punished, as guilty of misappropriation, by imprisonment for not more than three years or a fine of the fifth category."
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Embezzlement in employment is defined in Article 322 of the Dutch Penal Code:
"Embezzlement committed by him who has the property in his possession by reason of his personal employment or profession, or for pecuniary compensation, shall be punishable by imprisonment for not more than four years or a fine of the fifth category."
The aggravating circumstances here are that the accused must have had the property in his possession by virtue of personal service/profession, or for monetary compensation.
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In theft, a good is taken away without permission for the purpose of appropriating the good. The property is thus unlawfully obtained. In embezzlement, the property is obtained with permission, but its appropriation is criminalized. The property has come into possession lawfully, but then unlawfully appropriated.
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Judges have not established landmarks specifically for embezzlement, but they have for the broader concept of fraud. That includes embezzlement. The fraud landmarks depend on the amount misappropriated through fraud:
Up to € 10,000: 1 week - 2 months GS ov / TS ov
€10,000 to €70,000: 2-5 months GS ov / TS ov
€ 70,000 to € 125,000: 5-9 months GS ov / TS ov + GS vw
€125,000 to €250,000: 9-12 months GS ov
€250,000 to €500,000: 12-18 months GS ov
€500,000 to €1,000,000: 18-24 months GS ov
€ 1,000,000 and above: 24 months - maximum GS ov
Note that these are only guideposts. Depending on the circumstances of the case, judges can punish either higher or lower.
A similar approach is found in the Guideline for Criminal Procedure on Embezzlement in Employment.. Here one finds the policy of the Public Prosecutor's Office. This guideline thus provides a good indication of the penalty for embezzlement in employment. For other types of embezzlement, the Public Prosecution Service uses the Guidelines for criminal procedure for (store) theft/abbezzlement with or without violence..
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