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Theft comprises two types of offences. First, aggravated (qualified) theft—where circumstances heighten the social danger: breaking and entering (braak/inbreken), use of a false key or special tools, acting in concert, targeting property that is hard to secure (a vehicle or dwelling), or exploiting a particularly defenseless victim. Sentencing guidelines often start at 3 weeks’ unconditional imprisonment for theft from a car and 10 weeks for a residential burglary with limited damage and loot, with upward adjustments depending on loss, modus operandi and prior convictions. Second, theft with violence. Violence used to prepare the act, facilitate execution or enable escape—also after the taking—includes hitting, pulling, threats of violence, use of an object or gas/spray. Even brief force is sufficient, and sentences can extend to several years. Harsher ranges apply where firearms are used, there is premeditation, group action or recidivism.

Theft is an offence under Article 310 of the Dutch Criminal Code. Anyone who takes an object wholly or partly belonging to another, with the intent to unlawfully appropriate it, is punishable by imprisonment of up to 4 years or a fourth-category fine. Depending on the value of the loss, the scale of the incident, any prior convictions, and your personal circumstances, the court may impose a fine, community service, or an unconditional prison sentence. For pickpocketing, the guideline for a first offender is 4 weeks’ unconditional imprisonment. Milder cases—such as shoplifting or bicycle theft—are often settled out of court: by a transaction (settlement: a fine or community service) or during a prosecutor’s meeting, the so-called TOM-zitting/Officierszitting, where such an outcome is proposed. These routes are typically used when the loss is minor and there are no aggravating factors.

This usually concerns simple theft, without aggravating circumstances and with limited loss. If you pay the transaction or accept community service, the case ends and you do not go to court. Remember, however, that by doing so you acknowledge the offence, and the information will be entered in the Dutch criminal records (Justitiële Documentatie). This may make it harder to obtain a Dutch certificate of conduct—Verklaring Omtrent Gedrag (VOG)—and will count against you in any subsequent similar offence. The assessment takes into account, among other things, the value of the loss, the circumstances of the incident, prior record, and whether the item was returned and the damage compensated. If aggravating elements appear (e.g., violence, acting in concert, significant value) or you refuse the settlement, the case may go to court and result in a stricter penal response.

Article 311 of the Dutch Criminal Code covers so-called aggravated (qualified) theft: theft committed under circumstances that heighten the social danger of the act. Harsher punishment applies, among other things, to theft involving breaking and entering (braak/inbreken), use of a false key or special tools, commission by two or more persons, and situations where the victim is particularly defenseless or the property is hard to secure (e.g., vehicles, dwellings). Sentencing guidelines commonly take as a baseline for a first offender an unconditional prison term of 3 weeks for theft from a car. For a residential burglary with limited damage and loot, 10 weeks’ imprisonment is typically assumed. The penalty may increase with the magnitude of loss, the method of commission, and any prior convictions. These aggravating factors reflect heightened risk, public impact and the relative vulnerability of the targeted goods.

If, in the course of a theft, you use violence to prepare the act, facilitate its commission, or enable escape, the offence falls under Article 312 of the Dutch Criminal Code. Where serious violence is used or threatened, the court may impose substantial custodial sentences, in some cases running to several years. Violence includes hitting, pulling, use of a dangerous object, incapacitating with gas or spray, as well as the threat of immediate violent action. Brief force is sufficient; actual bodily injury is not required. Conduct after the taking that is aimed at keeping the loot or getting away also qualifies as violence. Sentencing takes into account, among other things, the number of offenders, time and place, risk to life or health, the victim’s defenselessness, the amount of financial loss and any recidivism. A higher penalty framework applies where a firearm is used or the act is committed with premeditation.