Simple Theft in Rotterdam

Simple theft is the most common form of theft in Rotterdam, involving the taking of another person's movable property with the intent to unlawfully appropriate it, without violence, threat, or burglary. This offense is governed by Article 310 of the Dutch Criminal Code (Sr) and can result in a prison sentence of up to four years, as often imposed by the Rotterdam District Court.

What does simple theft in Rotterdam entail?

Simple theft involves stealing movable property – such as bicycles, bags, or smartphones – belonging to someone else. The perpetrator gains control over it with the intent of unlawful appropriation, to enrich themselves or a third party. In Rotterdam, this occurs frequently in busy areas like the Centrum or Delfshaven.

No aggravating circumstances such as violence or burglary; otherwise, it qualifies as qualified theft (Article 311 Sr). Examples in Rotterdam include stealing a bicycle from a rack on the Coolsingel or shoplifting in the Lijnbaan.

Legal basis

Article 310(1) Sr reads: "Anyone who takes away all or part of another person's movable property and thereby gains possession of it for himself or another, with the intent to unlawfully benefit himself or another, shall be punished as guilty of theft with imprisonment for a maximum of four years or a fine of the fourth category."

The Supreme Court clarifies 'taking away' and 'gaining possession' in rulings such as ECLI:NL:HR:2005:AT3687: even brief possession counts if ownership is infringed. For minors in Rotterdam, youth criminal justice applies under the Youth Act.

Difference from other forms of theft

Simple theft is the basic form. Comparison:

Type	Statutory provision	Characteristics	Maximum penalty
Simple theft	Art. 310 Sr	Taking without violence, burglary, or at night	4 years imprisonment
Qualified theft	Art. 311 Sr	With violence, in home/car, or with false keys	6 or 8 years (organized)
Burglary theft	Art. 311(2) Sr	Breaking into home or building	Max. 6 years

Read more in our article Theft and Burglary in Rotterdam.

Examples from Rotterdam practice

In Rotterdam, someone rides off with your unsecured bicycle from a rack at Rotterdam Centraal: pure simple theft. Or a shopper in the Markthal slips fruit into their bag without paying. Attempted theft (Art. 45 Sr) is also punishable.

Shoplifting: Taking goods from stores on the Hoogstraat.
Bicycle theft: From street racks in Kralingen or Feijenoord, without shed burglary.
Bag snatching: Grabbing a bag in a busy AH on the Bergweg.

In 2022, Rotterdam-Rijnmond Police registered thousands of cases, against a national total of around 70,000 (source: Politie.nl).

Rights if suspected in Rotterdam

Victim?

Report to Rotterdam Police (0900-8844 or via Municipality of Rotterdam app).
Gather evidence: city camera footage, witness statements.
Claim compensation via the perpetrator or Compensation Fund for Victims of Violent Crimes.

Suspect?

Right to silence and lawyer (Art. 40 CCP).
After arrest: call family and receive assistance; visit Rotterdam Legal Advice Office for free advice.
Cooperate in questioning, but avoid self-incrimination.

The Public Prosecutor may dismiss or prosecute; choose a transaction or hearing at Rotterdam District Court.

Penalty and resolution

Penalties vary: fine or 20-40 hours community service for a first minor theft (Public Prosecutor's guidelines). Recidivism or high value leads to prison (Art. 63 Sr), as determined by Rotterdam District Court.

Frequently asked questions

Is stealing an apple from a Rotterdam store simple theft?

Yes, value affects the penalty, not the classification. An apple from Jumbo counts.

What if the bicycle is returned in Rotterdam?

The offense stands, but remorse may mitigate the penalty at Rotterdam District Court.

Civil resolution possible?

Yes, claim damages at Rotterdam District Court; a criminal conviction helps.

Is 'borrowing' without permission theft?

No, without intent to appropriate.

Tips for Rotterdam residents

Victims:

Use sturdy locks and GPS trackers for city bicycles.
Cameras in stores or at home; check Municipality of Rotterdam prevention tips.
Legal expenses insurance for assistance via Rotterdam Legal Advice Office.

Suspects:

Contact Rotterdam Legal Advice Office for an initial free consultation.
Consider mediation.
Follow the Halt program for youth to prevent recidivism.