Last updated on 27 October 2026

Criminal damage (vernieling) means intentionally and unlawfully destroying, damaging, disabling or removing property that belongs wholly or partly to someone else. It is an offence under Article 350 of the Dutch Criminal Code (Wetboek van Strafrecht, Sr). The maximum penalty is two years in prison or a fourth-category fine.

Table of contents

Legal basis

Article 350(1) Sr covers property such as a car, a window, a bicycle or a phone. The maximum is two years in prison or a fourth-category fine. Criminal damage is a serious offence (misdrijf).

Article 350(2) Sr covers animals owned by someone else. Killing, injuring or removing such an animal carries a higher maximum of five years in prison or a fifth-category fine.

Intent is required. If you break something by accident, it is not criminal damage. The owner can still claim compensation in civil law for a wrongful act (Article 6:162 Dutch Civil Code). Damage done openly and together with others can also count as public violence (openlijke geweldpleging).

How it works in practice

Most cases start with a report to the police (aangifte) by the owner. The police speak to witnesses, check camera footage and draw up an official report. Because the maximum is below six years, the public prosecutor can impose a penalty order (strafbeschikking) without a court hearing (Article 257a Code of Criminal Procedure, Sv). This can be a fine, community service of up to 180 hours or a payment for the victim.

For young people, the police can offer a Halt programme of up to twenty hours, with the prosecutor’s consent (Article 77e Sr). If it is completed properly, there is no prosecution. Serious or repeated damage is more likely to lead to a summons before the police court judge (politierechter).

Common pitfalls

Suspects sometimes argue there was no intent because they did not want the damage. The court can still find intent if you knowingly accepted a considerable chance of damage, for example by kicking a door hard. Dutch law calls this conditional intent (voorwaardelijk opzet).

Your own property can also be involved. Article 350 Sr covers property that belongs “wholly or partly” to another person. A jointly owned car or shared household goods with an ex-partner are therefore included.

Victims often fail to record their loss properly. Keep photos, invoices and quotes. You can join the criminal case as an injured party (benadeelde partij). If the claim is too complex, the court can declare it inadmissible, and you then have to go to the civil court.

Our criminal lawyers assist suspects and victims in cases involving criminal damage.