Simple Theft in Amsterdam
Simple theft is the most common form of theft in a vibrant city like Amsterdam, where someone takes away movable property belonging to another with the intent to unlawfully appropriate it, without violence, threats, or burglary. This offense is governed by Article 310 of the Criminal Code (Sr) and carries a maximum prison sentence of four years. In Amsterdam, it frequently involves bike theft near Central Station or shoplifting on the Kalverstraat.
What constitutes simple theft in Amsterdam?
Simple theft involves taking a movable item, such as a bike, backpack, or smartphone, that belongs to someone else. The perpetrator gains control over it with the intent of wrongful appropriation, meaning to enrich themselves or a third party. There must be no aggravating factors like violence or burglary; otherwise, it qualifies as qualified theft (Article 311 Sr). In Amsterdam, common examples include snatching a bike from a rack on the Nieuwendijk.
Legal basis
Article 310(1) of the Criminal Code states: "Any person who takes away, in whole or in part, movable property belonging to another and thereby gains possession of it for himself or another, with the intent to unlawfully benefit himself or another, shall be punished for 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 violates ownership rights. For minors, juvenile criminal law 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, threats, in a home/car, or using keys | 6 years or 8 years (organized) |
| Burglary theft | Art. 311(2) Sr | Breaking into a home/building | Max. 6 years |
Read our article Theft and Burglary in Amsterdam for more details.
Examples from Amsterdam practice
A typical case: your unlocked bike at the Damrak disappears – pure simple theft. Or shoplifting cookies into a bag at a supermarket on Ferdinand Bolstraat. Even a failed attempt (Art. 45 Sr) is punishable.
- Shoplifting: Goods from the Bijenkorf without paying.
- Bike theft: From a public bike rack without breaking in.
- Bag snatching: Grabbing a backpack from tram 24.
In 2022, Amsterdam Police recorded over 15,000 cases of simple theft, peaking with bikes and bags (source: Politie.nl and Municipality of Amsterdam).
Rights if suspected in Amsterdam
Victim?
- Report to Amsterdam Police (0900-8844 or app).
- Gather footage from tram cameras or witness statements.
- Claim compensation from the perpetrator or Criminal Injuries Compensation Fund.
Suspect?
- Right to remain silent and to a lawyer (Art. 40 CCP).
- After arrest: call family, receive legal aid.
- Cooperate, but avoid self-incrimination.
The Amsterdam Public Prosecutor decides; opt for a settlement or court hearing at Amsterdam District Court. Contact the Amsterdam Legal Aid Office for free advice.
Penalties and handling
Penalties vary: first offense often a fine or community service (PP guidelines: 20-40 hours for minor cases). Repeat or high-value: prison. The judge considers recidivism and damage (Art. 63 Sr).
Frequently asked questions
Is stealing an apple at an Amsterdam market simple theft?
Yes, value affects the penalty, not the classification. From a stall at Noordermarkt, it's theft.
What if the bike is returned?
The offense stands, but remorse may mitigate the penalty.
Civil remedy possible?
Yes, claim at Amsterdam District Court; criminal judgment helps.
Is 'borrowing' without permission theft?
No, without intent to appropriate.
Tips for Amsterdammers
Victims:
- Use an ART-approved lock and GPS tracker for bikes.
- Install cameras in shops or canal houses.
- Get legal expenses insurance or visit Amsterdam Legal Aid Office.
Suspects:
- Contact Amsterdam Legal Aid Office for a consultation.
- Consider mediation via Municipality of Amsterdam.
- For youth, follow Halt program to prevent recidivism.
Related: Bike Theft in Amsterdam.