Last updated on 27 October 2026

Theft (diefstal) means taking property that belongs wholly or partly to someone else, with the aim of unlawfully keeping it as your own. It is an offence under Article 310 of the Dutch Criminal Code (Wetboek van Strafrecht, Sr). The maximum penalty is four years in prison or a fourth-category fine.

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Legal basis

Basic theft is in Article 310 Sr. There are two elements: taking the property and the aim of appropriation. That aim means you intended to act as if you were the owner. Theft is a serious offence (misdrijf).

Aggravated theft (gekwalificeerde diefstal) is in Article 311 Sr, with a maximum of six years in prison or a fine. Examples include theft by two or more people together, theft by breaking in or using false keys, and theft in a home by someone who is there without the knowledge or against the will of the occupant. If these circumstances are combined, the maximum is nine years (Article 311(2) Sr).

Theft with violence or the threat of violence is in Article 312 Sr. The maximum is nine years in prison or a fifth-category fine. With serious bodily harm, or theft at night in a home, it rises to twelve years. If the victim dies, the maximum is fifteen years.

How it works in practice

In shoplifting cases, the suspect is often caught in the act (heterdaad) and handed over to the police. For basic theft, the public prosecutor can impose a penalty order (strafbeschikking) without a hearing (Article 257a Code of Criminal Procedure, Sv). This is also possible under Article 311 Sr, because the maximum there is six years.

Theft with violence carries a higher maximum, so the case goes to court with a summons. The suspect is often held in police custody or pre-trial detention first.

Between spouses who are not legally separated, prosecution is excluded (Article 316 Sr). For theft within the close family, prosecution may require a formal complaint from the victim.

Common pitfalls

Suspects sometimes believe that borrowing something is not theft. The court can still find an aim of appropriation if you keep the item for a long time or use it as your own. A good intention afterwards is often no defence.

The difference between Article 310 and 311 Sr matters. A suspect who acted together with someone else can fall under Article 311, and the maximum then rises from four to six years.

Victims sometimes do not report a theft because the value is low. Without a report, the police cannot investigate and compensation through the criminal case is not possible.

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