Last updated on 27 October 2026
Shoplifting (winkeldiefstal) means taking goods from a shop without paying, with the intention of keeping them. It is theft under Article 310 of the Dutch Criminal Code (Wetboek van Strafrecht, Sr), punishable by up to four years in prison. The shop can also claim compensation and impose a shop ban.
Table of contents
Legal basis
Theft (diefstal) is a serious offence (misdrijf). Article 310 Sr sets a maximum of four years in prison or a fourth-category fine. Deliberately not scanning items at a self-checkout can also amount to theft.
Aggravated theft falls under Article 311 Sr, with a maximum of six years. This applies, for example, when two or more people steal together, or when breaking in or false keys are used.
Under civil law, theft is a wrongful act (onrechtmatige daad, Article 6:162 Dutch Civil Code). The thief must compensate the damage. Article 6:96(2) of the Civil Code also allows reasonable costs of establishing damage and liability to be claimed.
How it works in practice
A shop employee may arrest a thief caught in the act, but must hand the person over to the police immediately (Article 53 Code of Criminal Procedure). The police write an official report. A first, simple shoplifting offence is often dealt with by a penal order (strafbeschikking) with a fine. Repeat offending or high-value goods can lead to a summons.
Many shops recover their losses through SODA, a private organisation. Since 14 September 2026, SODA charges a fixed amount of €242 for staff and administration costs, among other things. This amount is not set by law. If you dispute it, a court decides whether the costs are reasonable.
A shop can also impose a shop ban (winkelverbod). This is a civil measure based on the owner’s right to decide who enters. Ignoring a valid ban and refusing to leave can be trespass (huisvredebreuk, Article 138 Sr).
Young people aged 12 to 18 are often referred to Halt for a first shoplifting offence. A Halt measure lasts no more than 20 hours (Article 77e Sr). Completing it properly ends the prosecution.
Common pitfalls
Suspects often sign a statement or payment agreement on the spot without reading it. You do not have to make a statement at the police station. You have the right to a lawyer during the police interview.
A penal order may seem minor, but it goes on your judicial record. That can stand in the way of a certificate of good conduct (VOG). You can object to a penal order within two weeks.
Shops make mistakes too. Detaining someone longer than needed or using force can itself be a criminal offence.
Related terms
See also theft, caught in the act, penal order and certificate of good conduct.
Our criminal lawyers assist suspects and victims in cases involving shoplifting.
Further reading
More on this subject: Penalty order (strafbeschikking): penalties, record and objection, Criminal charges as a foreigner in the Netherlands: your rights.
