Simple Theft in Delft
Simple theft is the most common form of theft in Delft, involving the taking of another person's movable property with the intent to unlawfully retain it, without violence, threats, or burglary. This offense is governed by Article 310 of the Criminal Code (Sr) and carries a maximum prison sentence of four years. In a student city like Delft, it frequently involves bicycles in the city center or around the TU.
What constitutes simple theft in Delft?
Simple theft involves stealing movable property, such as bicycles, bags, or gadgets, belonging to someone else. The perpetrator gains control over it with the intent of unlawful appropriation, to enrich themselves or a third party. There must be no aggravating factors like violence or burglary; otherwise, it qualifies as qualified theft (Article 311 Sr). In Delft, this is common, such as thefts from bike racks at the Markt or shoplifting in the city center.
Legal basis
Article 310(1) Sr states: "He who takes away all or part of another person's movable property and thereby gains control of it for himself or another, with the intent to unlawfully benefit himself or another, is guilty of theft and shall be punished by imprisonment of not more than four years or a fine of the fourth category." Supreme Court case law clarifies concepts such as 'taking away' and 'gaining control' (e.g., ECLI:NL:HR:2005:AT3687). For minors in Delft, juvenile criminal law applies under the Youth Act.
Other forms of theft
Simple theft is the basic form. Comparison:
| Form | Statutory provision | Characteristics | Maximum penalty |
|---|---|---|---|
| Simple theft | Art. 310 Sr | Taking without violence, burglary, or nighttime element | 4 years imprisonment |
| Qualified theft | Art. 311 Sr | With violence, threats, in a home/car, or using false keys | 6 or 8 years (organized) |
| Burglary theft | Art. 311(2) Sr | Breaking into a home or building | Max. 6 years |
Read more in our article on Theft and Burglary in Delft.
Examples from Delft practice
A typical case in Delft: your unlocked bicycle at Delft-Zuid station is taken away – that is simple theft. Or someone takes candy from a shopping cart at the Jumbo in the city center. Attempts to commit theft (Art. 45 Sr) are also punishable. Examples:
- Shoplifting: Taking goods from shops along the Oude Delft.
- Bicycle theft: Stealing from racks near TU Delft without breaking in.
- Bag theft: Grabbing a bag in a crowded HEMA.
In 2022, police in the Den Haag Unit (including Delft) recorded thousands of such theft reports (source: Politie.nl).
Rights and obligations if suspected in Delft
As a victim in Delft:
- Call the police immediately at 0900-8844 or report online to the Den Haag Unit.
- Gather evidence such as footage from Delft Municipality cameras or witness statements.
- Claim damages from the perpetrator or the Violent Crimes Compensation Fund.
As a suspect:
- Right to silence and a lawyer (Art. 40 Sv).
- After arrest: call family and receive legal assistance; interrogation at the Delft police station.
- Cooperate, but avoid self-incrimination.
The Public Prosecutor's Office may discontinue or prosecute; opt for a transaction or hearing at The Hague District Court. Seek free advice at the Delft Legal Aid Office.
Sentencing and resolution
Penalties vary: first offense often a fine or 20-40 hours of community service (PPO guidelines). Recidivism or high value may lead to imprisonment (Art. 63 Sr). The judge in The Hague takes local context into account.
Frequently asked questions
Is stealing an apple in Delft simple theft?
Yes, even minor thefts qualify. The value affects the penalty, not the type of offense.
What if the bicycle in Delft is returned?
The offense still stands, but remorse can reduce the penalty.
Is civil resolution possible?
Yes, claim damages at The Hague subdistrict court alongside the criminal case.
Is borrowing without permission theft?
No, without intent to appropriate.
Tips for residents of Delft
Victims:
- Use sturdy locks and trackers for bicycles in Delft.
- Install cameras; check Delft Municipality initiatives.
- Get legal expenses insurance or visit the Delft Legal Aid Office.
Suspects:
- Contact the Delft Legal Aid Office for advice.
- Consider mediation.
- For youth, follow the HALT program in collaboration with Delft Municipality.
Related topics: Bicycle Theft in Delft.