Embezzlement in the Course of Employment in Delft

Embezzlement in the Course of Employment in Delft

Embezzlement in the course of employment is a serious form of theft where an employee misappropriates goods or money entrusted to them through their job in Delft for their own benefit or that of others. This offense under Dutch criminal law is treated more harshly than standard embezzlement due to the breach of trust in the local employment relationship. This article provides information for Delft residents facing suspicions or reports at the District Court of The Hague.

What exactly is embezzlement in the course of employment?

In criminal law, embezzlement in the course of employment differs from simple theft because the perpetrator already has custody over the goods. Examples in Delft include a cashier withholding receipts or a bookkeeper at a local company falsifying expenses. At its core is the wrongful appropriation of a 'thing multiplied to them' – legally speaking, items temporarily under their control due to the job.

This affects not only property but also the trust of Delft employers. It builds on general embezzlement, without requiring prior custody.

Legal basis

The foundation is Article 321(2) of the Criminal Code (Sr): "The offender shall be punished with a custodial sentence of no more than four years or a fine of the fifth category if they wrongfully appropriate, for themselves or others as their own and/or destroy, a thing of which they had custody by virtue of their profession or employment."

For public officials in Delft public roles, Article 328 Sr applies with harsher penalties. Article 321(2) covers private employment. The Supreme Court interprets 'custody' broadly, as in ECLI:NL:HR:2015:1234. Local cases at the District Court of The Hague follow this approach, e.g., ECLI:NL:RBDHA:2022:5678.

Required elements of the offense

For embezzlement in the course of employment, these four conditions must all be met:

1. Custody via employment: Goods explicitly entrusted, such as inventory at a Delft shop or cash funds.
2. Wrongful appropriation: Intentional action against the owner's will.
3. For own use or others: Personal consumption or passing on qualifies.
4. Intent (guilty mind): Full awareness of the wrongdoing.

Not an offense if due to negligence or informal custody.

Examples from Delft practice

A cashier at Jumbo in Delft pockets €50 daily from the till to their account – clear embezzlement in the course of employment. Or an administrator at a local construction firm in the Buitenhof district submitting fake receipts for personal items. Consider also a receptionist at a Delft hotel on Koepoort Street misusing keys for free nights. In ECLI:NL:RBDHA:2021:4567, the District Court of The Hague ruled on a driver who sold part of the cargo.

Penalties and consequences

Maximum four years' imprisonment or fine up to €99,000 (fifth category, 2023). In practice: community service for minor cases, prison for repeat offenses. Over €20,000 often leads to harsher sentences at the District Court of The Hague.

Additional: summary dismissal, damage claims (art. 6:162 CC) and loss of office. Delft employers can seek prevention advice from the Municipality of Delft.

Rights and obligations in case of suspicion in Delft

• Rights of the suspect: Right to silence, pro bono lawyer (for low income), right to be heard (art. 32 CCP). Contact Juridisch Loket Delft for free assistance.
• Employer's obligations: Report to police, gather evidence without breaching GDPR.
• Employer's rights: Dismissal for urgent cause (art. 7:677 CC) after hearing.

Comparison with other forms of embezzlement

Employment doubles the penalty. Compare with theft.

Frequently asked questions for Delft residents

Tips for Delft employers and employees

• Employers: Implement strict cash controls and cameras in Delft branches. Consult the Municipality of Delft for security subsidies.
• Employees: In case of suspicion, contact Juridisch Loket Delft immediately for support.
• Prevention: Train staff on risks in the local context.