Criminal Prosecution for Welfare Fraud in Delft
In Delft, welfare fraud can not only lead to sanctions from the municipality, but also to criminal prosecution under the Criminal Code. This typically falls under Article 348 (fraud) or Article 225 (forgery). The social investigation unit of the Municipality of Delft investigates suspicious cases, after which the Public Prosecution Service (OM) decides on prosecution. Delft, with its strict controls on benefits under the Participation Act, often detects fraud involving income from side jobs or undeclared partners.
The Criminal Process in Delft
The process starts with a dismissal decision or a summons at the The Hague District Court, which has jurisdiction over Delft. In cases of prosecution, the hearing takes place before the single judge or the multi-judge chamber. Penalties range from fines to a maximum of 2 years' imprisonment, depending on the fraud amounts and recidivism. In Delft cases involving amounts exceeding €4,920, criminal prosecution is more frequently pursued, as in recent checks on student benefits.
Possible Defenses
Effective defense strategies include arguing lack of intent, insufficient evidence from the Delft social investigation unit, or exceedance of the reasonable term. A specialized pro bono lawyer from the region is crucial; they are familiar with local OM practices. A transaction (settlement) is possible in many Delft cases, thereby avoiding imprisonment.
Consequences after Conviction in Delft
- Repayment ban by the Municipality of Delft
- Additional administrative fine under the Participation Act
- Damages to the Municipality of Delft
- Possible exclusion from welfare for years
Voluntary repayment and full transparency towards the Delft fraud prevention unit can lead to reduced penalties or dismissal. Contact a local lawyer immediately for tailored advice.