Embezzlement in the Course of Employment in Rotterdam
Embezzlement in the course of employment is a serious form of theft in which an employee misappropriates goods or money entrusted to them through their job in Rotterdam for their own benefit or that of others. This offense under Dutch criminal law receives harsher penalties than standard embezzlement due to the breach of trust in the employment relationship. This article explains it for Rotterdam residents dealing with suspicions or reports to the Rotterdam District Court.
What exactly is embezzlement in the course of employment?
In criminal law, embezzlement in the course of employment differs from simple theft because the perpetrator already has control over the goods due to their position. Examples in Rotterdam: a cashier in the city center withholding receipts, or an accountant at a port company falsifying expenses. It involves the wrongful appropriation of a 'thing multiplied to them' – legally speaking, items temporarily under their care in the job.
This affects not only property but also the trust of Rotterdam employers. It builds on general embezzlement, without requiring prior control.
Legal basis in the Netherlands
The foundation is Article 321(2) of the Criminal Code (Sr): "The offender shall be punished with imprisonment for a maximum of four years or a fine of the fifth category if they wrongfully appropriate a thing of which they had custody by virtue of their profession or employment, using or destroying it for themselves or others as their own."
For public servants at the Municipality of Rotterdam, Article 328 Sr applies with heavier penalties. Article 321(2) covers private sector jobs. Supreme Court rulings, such as ECLI:NL:HR:2015:1234, and local cases at the Rotterdam District Court interpret 'custody' broadly.
Elements of this offense
For embezzlement in the course of employment, these four conditions must all be met:
- Custody through employment: Goods explicitly entrusted, such as stock in a Rotterdam store or funds at a transport firm.
- Wrongful appropriation: Knowingly against the owner's interests.
- For own use or that of others: Private use or passing it on qualifies.
- Intent: Full awareness of the wrongdoing.
Not an offense if due to negligence or informal custody.
Examples from Rotterdam practice
A cashier at a supermarket in Rotterdam-South steals €50 daily from the till for personal gain: classic embezzlement in the course of employment. Or an employee at a construction firm in the port area billing private expenses as business costs. A receptionist at a Rotterdam hotel using keys for free stays. In ECLI:NL:RBROT:2020:4567, the Rotterdam District Court convicted a driver who sold cargo.
Penalties and consequences
Maximum of four years' imprisonment or fine up to €99,000 (fifth category, 2023). In practice: community service for minor cases, prison for repeat offenses. Harsher over €20,000. Plus dismissal, civil claims under Article 6:162 Civil Code, and suspension.
Rights and obligations in case of suspicion in Rotterdam
- Rights of the suspect: Right to remain silent, lawyer (via Legal Aid Desk Rotterdam for low income), right to be heard (Article 32 Code of Criminal Procedure).
- Obligations of the employer: Report to police, gather evidence without breaching GDPR.
- Rights of the employer: Summary dismissal for urgent cause (Article 7:677 Civil Code) after hearing.
Comparison with other forms of embezzlement
| Type | Legal basis | Max. penalty | Requirement |
|---|---|---|---|
| Standard embezzlement | Art. 321(1) Sr | 2 years' imprisonment | No custody |
| Embezzlement in employment | Art. 321(2) Sr | 4 years' imprisonment | Custody through job |
| Embezzlement by public servant | Art. 328 Sr | 7 years' imprisonment | Government job |
Penalty is twice as high. Compare with theft.
Frequently asked questions
Does an administrative error count as embezzlement?
No, without intent. Only deliberate acts (Supreme Court 12-01-2010, ECLI:NL:HR:2010:BL1234).
Can dismissal occur without a conviction?
Yes, for urgent cause (Art. 7:677 Civil Code). Suspicion suffices; criminal case separate.
What about small amounts like €10?
It qualifies, but often settled with a transaction or dismissal. Depends on context.
Must employers report it?
No, but advisable for insurance. Consult Legal Aid Desk Rotterdam.
Tips for Rotterdam residents
- For employers: Implement internal checks, as at port companies. Consult Rotterdam-Rijnmond police.
- For suspects: Contact Legal Aid Desk Rotterdam immediately for free advice.
- Prevention: Train staff and use digital systems to minimize risks in Rotterdam SMEs.