Criminal lawyer for vandalism

Destruction is punishable under Article 350 of the Criminal Code. This article reads as follows:

“1. Anyone who intentionally and unlawfully destroys, damages, renders unusable, or removes any property that belongs wholly or partly to another person shall be punished with imprisonment of up to two years or a fourth-category fine.

2. Anyone who intentionally and unlawfully kills, injures, renders unusable, or removes an animal that belongs wholly or partly to another person shall be punished with imprisonment of up to five years or a fifth-category fine.

Destruction is defined as the deliberate and unlawful destruction, damage, rendering unusable, or removal of another person's property.

For a conviction under Article 350 of the Criminal Code, several conditions must be met:

Intent and unlawfulness
An essential component of Article 350 of the Dutch Penal Code is that the act is committed intentionally and unlawfully. This means that the perpetrator is aware of his actions and deliberately causes damage to property without valid legal grounds.

Nature of the goods
The article refers to all items that are wholly or partly owned by another party. This includes a wide range of goods, such as private property (e.g., cars or electronic equipment), but also public property and infrastructure facilities.

Forms of conduct
Article 350 of the Criminal Code covers various ways in which damage can be caused to goods:

• Destroy: to completely ruin something;

• Damage: causing damage that reduces the value or functionality of the item;

• Render unusable: to damage an item to such an extent that it is no longer suitable for its original use;

• Removal: the removal or relocation of an item, causing the rightful owner to lose actual control over it.

Legal maximums

The maximum penalty for vandalism is imprisonment for a maximum of two years or a fourth category fine.

LOVS Orientation Points

The courts also have developed guidelines for the punishment to be imposed for vandalism. These are as follows:

• Minor damage: 20 hours of community service (possibly a €100 fine)

• Significant damage: From 30 hours of community service (possibly a €150 fine)

Prosecution Guidelines of the Public Prosecution Service

The Public Prosecution Service has developed a policy for their sentencing demands in cases of destruction in a prosecution guidelines . These are more detailed than the LOVS guidelines and therefore provide a better insight into the expected sentence.

Their principles for first offenders are as follows:

• Damage up to €500: fine of €225

• Damage from €500 to €1000: fine of €325

• Damage from €1,000 to €2,500: fine of €425

• Damage from €2,500 to €5,000: fine of €550

• Damages exceeding €5,000: community service starting at 50 hours

In the event of recidivism, stricter principles apply.

The prosecutor's office also recognizes punitive aggravating circumstances. These include:

• Vulnerable victims (including domestic violence) > use the domestic violence guideline!

• Event (+75%) or soccer-related (+50%)

• Alcohol/drugs and (nightlife) violence (+75%)

• Aggression in traffic

• Destruction of buildings, etc. (Article 352 of the Criminal Code)

• Discriminatory aspects (summons +100%)

Other: claim by injured party and compensation measure

Damage is (almost) always caused by vandalism. As a suspect in a vandalism case, you should therefore bear in mind that the victim/injured party will attempt to obtain compensation for the damage through criminal proceedings.