False accusations: criminal and civil remedies under Dutch law

If someone falsely accuses you, Dutch law gives you both a criminal and a civil route. Knowingly filing a false police report is an offence under Article 188 of the Dutch Criminal Code (Sr), and spreading an accusation you know to be untrue is slander (laster) under Article 262 Sr; the exception is a statement made in necessary self-defence or, in good faith, in the public interest.

The civil route is usually more effective. A false accusation is generally an unlawful act (onrechtmatige daad) under Article 6:162 of the Dutch Civil Code (BW). The court can order the statement to stop, order a rectification and award damages, including compensation for harm to your reputation.

When is a false accusation a criminal offence?

Several offences in the Criminal Code apply, depending on how the accusation is made. The maximum penalties below are set by the articles themselves; the actual sentence is decided by the court.

• False report (Article 188 Sr): reporting to the police or another authority that an offence was committed, knowing it was not. Maximum one year’s imprisonment or a third-category fine.
• Defamation (smaad, Article 261 Sr): intentionally damaging someone’s honour or reputation by accusing them of a specific fact, with the evident aim of making it public. Maximum six months; in writing or images (smaadschrift) maximum one year.
• Slander (laster, Article 262 Sr): defamation where the speaker knows the accusation is untrue. Maximum two years or a fourth-category fine.
• Slanderous accusation (lasterlijke aanklacht, Article 268 Sr): intentionally submitting a false written complaint or report about a specific person to the authorities, harming their reputation. Maximum two years.

Under Article 261(3) Sr there is no defamation if the speaker acted in necessary self-defence, or could assume in good faith that the accusation was true and that the public interest required it. That defence does not help someone who knew the statement was false.

Why the three-month deadline matters

Defamation and slander are offences prosecuted only on complaint (klachtdelict) under Article 269 Sr: the Public Prosecution Service (Openbaar Ministerie) can only act if you, as the person targeted, file a complaint. Under Article 66 Sr you must do so within three months of the day you learned of the offence. A false report under Article 188 Sr and a slanderous accusation under Article 268 Sr are not complaint offences.

Even with a valid complaint, the decision to prosecute lies with the Public Prosecution Service. A criminal conviction does not by itself remove the statement or compensate you, which is why most people also take the civil route.

What can you claim in civil proceedings?

Under Article 6:162 BW a statement is unlawful if, after weighing freedom of expression against your right to reputation, it went too far: for example because it had no sufficient factual basis, or was made in an unnecessarily hurtful way. A knowingly false accusation will almost always be unlawful.

The civil court can order the following:

• a ban on repeating the accusation, backed by a penalty payment (dwangsom) for each breach;
• removal of online posts and withdrawal of the statement;
• publication of a rectification in a manner set by the court (Article 6:167 BW);
• compensation for financial loss, such as lost income or costs;
• compensation for non-financial damage when your honour or reputation has been harmed (Article 6:106(b) BW).

When the harm is ongoing, these orders can be sought quickly in summary proceedings (kort geding) before the interim relief judge of the district court. Damages for loss that still has to be established are usually claimed in proceedings on the merits.

How do you build your case?

Both routes depend on evidence. In civil proceedings you must prove that the statement was made, what exactly it said and to whom; the other side must then substantiate the facts it relied on. Start collecting as soon as you hear of the accusation, because messages and posts can disappear.

• Save emails, chat messages and social media posts with screenshots that show the date, time and sender.
• Write down conversations in which the accusation came up, with date, place and who was present.
• Collect the names of witnesses who heard or read the accusation.
• Keep records that disprove the accusation, such as logs, approvals and correspondence.
• Note the date you first learned of the accusation; it starts the three-month complaint period.

Before you respond publicly, consider a written demand (sommatie) to the person making the accusation. It sets a short deadline to withdraw the statement and remove posts, and it is often the first document a court will look at in summary proceedings.

What are your rights if the police question you?

Under Article 27c Sv you must be told which offence you are suspected of, at the latest before your first interview. Under Article 29 Sv you are not obliged to answer, and the police must tell you so before the interview starts.

You have the right to a lawyer (Article 28 Sv). If you have been arrested, you may consult a lawyer before the first interview, in principle for up to 30 minutes (Article 28c Sv), and your lawyer may attend and take part in the interview at your request (Article 28d Sv). Waiving the right to a lawyer must be voluntary and unambiguous (Article 28a Sv).

What if the accusation is made at work?

Article 7:611 BW obliges both employer and employee to act as a good employer and a good employee. An employer that receives an accusation against you must investigate it carefully, hear your side and not draw conclusions before the facts are established.

An employer that dismisses you summarily must show an urgent reason (dringende reden) under Article 7:678 BW, and the burden of proof lies with the employer. If you want to challenge a summary dismissal, the request to the kantonrechter (subdistrict court) must be filed within two months after the employment ended (Article 7:686a(4) BW). Where the accusation also involves misuse of your personal data, you can address it to the employer under the GDPR or complain to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).

How should you communicate about the accusation?

Do not respond in detail to a new allegation straight away. Confirm receipt, ask for the underlying facts and documents, and respond in writing after you have checked them. This avoids statements that later contradict your file.

Avoid discussing the accusation with colleagues, on social media or with the other party without advice. In a criminal case, anything you say to the police is recorded in the official report (proces-verbaal) and can be used as evidence.

What should you check as the accused employee?

• Ask in writing what exactly you are accused of, by whom and on which evidence.
• Check whether your employer followed its own complaints or integrity procedure.
• Give your side in writing and ask for it to be added to the investigation file.
• Do not sign a settlement agreement or resignation before having it reviewed.
• After a summary dismissal, diarise the two-month deadline under Article 7:686a BW.

What should you check as an employer?

• Hear both the accused employee and the person making the accusation before acting.
• Limit the number of people informed, so you do not spread an unproven accusation yourself.
• Record the investigation, the evidence and your conclusions in writing.
• Check whether the facts truly amount to an urgent reason under Article 7:678 BW before a summary dismissal.
• Consider action against an employee who knowingly made a false accusation.

What can we do for you with a false accusation?

Our criminal lawyers work together with our employment and litigation lawyers on these cases.

• We assess the accusation and your evidence and advise on the criminal and civil routes.
• We draft and send a written demand to withdraw the statement and remove posts.
• We draft and file your complaint with the police within the three-month deadline.
• We start summary proceedings for a ban, removal and rectification.
• We claim compensation for financial loss and reputational harm.
• We assist you in a workplace investigation or dismissal procedure.

Summary

• A knowingly false police report is an offence under Article 188 Sr; knowingly spreading a false accusation is slander under Article 262 Sr.
• For defamation and slander you must file a complaint within three months (Articles 269 and 66 Sr).
• Under Articles 6:162, 6:167 and 6:106 BW the civil court can order a ban, a rectification and damages.
• Collect evidence immediately and record when you first learned of the accusation.

Frequently asked questions