In Rotterdam, Netherlands, insurance fraud has become an increasingly prevalent issue, with severe financial and legal consequences for those involved. As a resident of Rotterdam, it's essential to understand the legal implications of insurance fraud and the potential penalties you may face. This article explores the strafrechtelijke vervolging, or criminal prosecution, of insurance fraud in Rotterdam.
Criminal Prosecution in Insurance Fraud Cases
Criminal Prosecution in Insurance Fraud Cases
Insurance fraud is not only a civil matter, but also a criminal offense. In serious cases, the Public Prosecution Service (OM) may decide to pursue criminal prosecution. This article explains what you can expect.
When Does Criminal Prosecution Occur?
The OM does not prosecute every fraud case. The following factors are considered:
- The amount of the fraud
- The degree of intent and planning
- Previous criminal record
- Organized involvement
- Societal impact
Which Offenses?
Insurance fraud can fall under:
- Fraud (art. 326 Dutch Penal Code): maximum 4 years imprisonment
- Forgery in writing (art. 225 Dutch Penal Code): maximum 6 years
- Deception (art. 326a Dutch Penal Code): maximum 4 years
- Money laundering for large amounts
The Criminal Process
The process proceeds as follows:
1. Notification by the insurer
2. Investigation by the police
3. OM's decision to prosecute
4. Possible pre-trial detention
5. Trial and verdict
Possible Penalties
The court may impose:
- Imprisonment (in serious cases)
- Community service
- Fine
- Conditional sentence with probationary period
- Compensation to the victim
Your Rights as a Suspect
You have important rights:
- Right to a lawyer
- Right to remain silent
- Right to access the case file
- Right to a fair trial
- Possibility of appeal
Civil and Criminal Proceedings
Important: criminal prosecution is separate from civil consequences. You may receive a punishment, be registered in the EVR (Excerpt from the Judicial Document), and be required to make restitution.