Article 326 of the Dutch Criminal Code (Wetboek van Strafrecht, Sr) criminalises fraud (oplichting). It is committed by someone who, to gain an unlawful benefit, uses deception to make another person hand over goods, provide a service, make data available, take on a debt or cancel a claim. The maximum penalty is four years’ imprisonment or a fifth-category fine.
Table of contents
Which deceptive means count?
The law lists four means. This list is exhaustive:
- using a false name;
- using a false capacity, such as posing as a bank employee;
- cunning tricks (listige kunstgrepen), such as a fake payment confirmation;
- a web of lies (samenweefsel van verdichtsels): several untruths that together form a convincing story.
When is it not fraud?
A single lie or a misleading statement is not automatically fraud. A contracting party who fails to pay or deliver does not commit fraud either, unless one of the four means was used and caused the victim to hand over goods or money. Fraud also differs from theft (diefstal) and embezzlement (verduistering), where goods are taken or kept rather than handed over through deception.
What can a victim do?
A victim can report the crime to the police and join the criminal case as an injured party (benadeelde partij) to claim damages. A civil claim is possible as an alternative or in addition.
Frequently asked questions
Is a fake payment screenshot fraud?
It can be. Sending a fake payment confirmation so that a seller ships goods is a typical example of a cunning trick.
What does the defence examine?
Whether one of the four means was really used, and whether it actually caused the handover.
Related terms
- Injured party in criminal proceedings
- Article 225 Dutch Criminal Code (forgery of documents)
- Reporting a crime
- Economic criminal law
- Money laundering
For help with a fraud case, as suspect or victim, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.
