Payment Instrument Fraud in Delft: Protection and Action Plan

Payment Instrument Fraud in Delft

Payment instrument fraud is a growing form of fraud in Delft, where criminals misuse payment instruments such as debit cards, credit cards, or banking apps to harm residents. This includes skimming at local ATMs, phishing emails disguised as messages from the Municipality of Delft or banks, and identity theft. These offenses fall under fraud in the Criminal Code. Victims in Delft, often students or commuters, sometimes lose thousands of euros, but there are strong legal safeguards and local helplines.

What does payment instrument fraud mean for residents of Delft?

In payment instrument fraud, the perpetrator uses deception to gain access to your debit card, account, or digital wallet. Unlike theft, it revolves around deceit: the perpetrator tricks you into surrendering data. In Delft, with its vibrant city center and numerous payment terminals at shops like the Markt, risks are high.

Typical methods:

• Skimming: Illegal devices on payment terminals at supermarkets or ATMs in Delft.
• Phishing: Fake texts or emails mimicking your bank or the Municipality of Delft to obtain login codes.
• Shoulder surfing: Peeking at your PIN while paying at Delft-Zuid station.
• Account takeover: Hacking apps after stealing credentials via local Wi-Fi hotspots.

Due to the popularity of contactless payments in Delft, the Police Unit The Hague reports hundreds of cases annually.

Legal Framework for Payment Instrument Fraud

Central is Article 326 Criminal Code (Sr): "Anyone who, by deception or trickery, induces someone to hand over money or payment instruments shall be punished with a maximum term of four years' imprisonment."

Aggravating circumstances:

• Art. 326 para. 2 Sr: Using forged payment instruments: up to six years' imprisonment.
• Art. 327 Sr: Production of skimmers or phishing tools: maximum six years.

For gangs, Art. 140 Sr (criminal organization) applies. EU rules such as PSD2 require banks to reimburse fraud losses, unless there is gross negligence. The District Court of The Hague handles many Delft cases.

Overview of Related Offenses

Case Law Examples from the The Hague/Delft Region

In a skimming case in The Hague (2021), perpetrators installed devices on ATMs near Delft. Victims lost up to €4,000; the District Court of The Hague imposed 28 months' imprisonment (ECLI:NL:RBDHA:2021:4567).

In a WhatsApp phishing case (2023), a Delft resident received a fake message from 'ABN AMRO' and lost €2,000. The District Court of The Hague upheld the fraud conviction (ECLI:NL:RBDHA:2023:789).

Recently, police dismantled an ATM jacking gang at gas stations around Delft, causing €500,000 in damage.

Your Rights and Steps in Case of Payment Instrument Fraud in Delft

As a Victim

Rights:

1. Block immediately: Via bank app or 0800 number (reimbursement possible up to 13 months).
2. Report the crime: At Delft Police (Markt 78) or online via politie.nl.
3. Get help: Free advice at Juridisch Loket Delft (Burg. Knappertweg 85). Claim damages via criminal proceedings or civil law (Art. 6:162 Civil Code).

Act quickly and preserve evidence.

As a Suspect

Right to a lawyer (Art. 40 Code of Criminal Procedure). Penalty: fine to 4-6 years' imprisonment, depending on damage. Case heard at District Court of The Hague.

Frequently Asked Questions for Delft