Reporting Obligation in Criminal Law for Delft Residents
As a resident of Delft, you are required to report serious criminal offenses under the reporting obligation to the police. This applies to crimes punishable by more than a first-category fine. This helps safeguard safety in your city and supports the District Court of The Hague in legal proceedings.
What Does the Reporting Obligation Entail for Delft?
The law requires citizens to contribute to crime prevention. Minor offenses like illegal parking in the city center do not need to be reported, but serious crimes such as bicycle theft in the center, assault on the Market, or burglary in Middenstofsteeg do. The obligation arises with reliable knowledge of the offense—as a witness, victim, or from a reliable tip—and requires immediate action, ideally within 24 hours at the Delft police station.
This article builds on our guide to filing a report in Delft. We explore the obligation in depth: when, for whom, and why.
Legal Basis of the Reporting Obligation
At the core is Article 162 of the Code of Criminal Procedure (Sv): "Citizens with knowledge of crimes punishable by more than a first-category fine (€495 in 2023) must report this immediately to the assistant public prosecutor, public prosecutor, or examining magistrate at the District Court of The Hague."
Offenses like public urination along the Schie fall outside this scope; crimes like burglary (art. 311 Sr) do not. Certain professions, such as civil servants at the Municipality of Delft (art. 162(2) Sv) or bank employees in money laundering cases (Wwft), have additional reporting duties.
Failure to report may be punishable under art. 284 Sr for neglecting to assist justice.
Who in Delft Must File a Report and When?
All residents of Delft with concrete knowledge of a serious crime, regardless of ties to the perpetrator (except close family). This includes:
- Witnesses: You see a robbery at TU Delft.
- Victims: Your home on Oude Delft is burglarized.
- Third parties: A friend shares details of fraud at a local business.
Rumors are insufficient; facts must be reliable.
Exceptions for Delft Residents
Sometimes reporting is not required:
- Professional secrecy: Doctors at Delft healthcare facilities, lawyers, or journalists (art. 272 Sr), except in extreme cases like child murder.
- Family: Spouses or parents are exempt (art. 162(3) Sv).
- No imminent danger: Perpetrator already arrested by Delft police.
Examples from Delft Practice
Example 1: Bicycle Theft
You see thieves stealing a bike at Delft-Zuid station and call 112. Properly reported.
Example 2: Workplace Fraud
As an employee at the Municipality of Delft, you uncover corruption. Report immediately to the police, or face sanctions.
Example 3: Exception
A Delft lawyer learns of a murder from a client. Confidentiality prevails, unless danger looms.
Overview in table:
| Situation | Obligation in Delft? | Reason |
|---|---|---|
| Urinating by the canals | No | First-category fine |
| Burglary in student house | Yes | Crime, art. 162 Sv |
| Doctor in child abuse case | No (often) | Confidentiality duty |
| Bank detects money laundering | Yes | Wwft obligation |
Rights and Obligations When Filing a Report in Delft
Obligations:
- Report promptly via 112, online, or at the Delft police station.
- Provide full details.
- Avoid false reports (art. 188 Sr).
Rights:
- Anonymously via Report Crime Anonymously (0800-7000).
- No penalty for proper reporting.
- Victims: support under art. 51a Sv; consult Legal Aid Office Delft.
Failure to report: up to 3 months imprisonment or €9,000 fine (art. 284 Sr), though rarely enforced in minor cases.
Frequently Asked Questions for Delft
Must I report as a family member?
No for close family (art. 162(3) Sv). Otherwise yes.
Reported too late in Delft?
Immediately means ASAP. Delft police will assess; always report quickly.
Stricter duty as Municipality of Delft employee?
Yes, art. 162(2) Sv; may result in dismissal and penalties.
Anonymous in Delft?
Yes via 0800-7000 or app, but full reports often require ID at the District Court of The Hague.
For advice: Contact Legal Aid Office Delft or the police.