Criminal Prosecution for Welfare Fraud in Rotterdam
In Rotterdam, welfare fraud can result not only in administrative sanctions from the municipality of Rotterdam, but also in criminal prosecution. This falls under article 348 of the Criminal Code (fraud) or article 225 (forgery). The social investigation unit of the municipality of Rotterdam conducts the investigation, after which the Public Prosecution Service (OM) in the Rotterdam district decides on prosecution. Rotterdam identifies thousands of cases annually through the Welfare Scan and intensive checks on benefit recipients.
The Criminal Process in Rotterdam
The process starts with a dismissal decision or summons by the Rotterdam OM. In case of prosecution, the hearing takes place before the single judge or the multi-judge chamber of the Rotterdam District Court at Pomona-laan. Penalties range from fines to a maximum of 2 years' imprisonment, depending on the extent of the fraud and the damage to the Rotterdam municipal treasury.
Possible Defenses
Effective defenses include lack of intent, insufficient evidence from the Rotterdam social investigation unit, or exceedance of the reasonable term. A specialized pro bono criminal lawyer from Rotterdam-Rijnmond is crucial. A transaction (settlement) with the OM is often feasible to avoid imprisonment, especially for smaller amounts.
Consequences after Conviction in Rotterdam
- Temporary repayment ban by the municipality of Rotterdam
- Administrative fine from the Rotterdam Work & Income Department
- Damages to the municipality of Rotterdam
- Entry in the criminal record, impacting employment and benefits
Fraud involving amounts exceeding € 4,920 in Rotterdam more often leads to criminal proceedings. Voluntary reporting and repayment via the Rotterdam fraud helpline can lead to reduced penalties or dismissal.