Criminal Prosecution for Welfare Fraud in Amsterdam
In Amsterdam, welfare fraud can not only lead to administrative sanctions by the municipality, but also to criminal prosecution under the Criminal Code. This typically falls under Article 348 (fraud) or Article 225 (forgery). The social investigation unit of the Municipality of Amsterdam, in collaboration with the FIOD, investigates cases, after which the Public Prosecution Service (OM) in Amsterdam decides on prosecution.
The Criminal Process in Amsterdam
The process often starts with a dismissal decision or a summons at the Amsterdam District Court. In case of prosecution, the hearing takes place before the single judge or the multi-judge chamber in the judicial complex on Parnassusweg. Penalties range from fines to a maximum of 2 years' imprisonment, depending on the scale of the fraud and whether it involves benefits via the Amsterdam Participation Company.
Possible Defenses
Effective defense strategies include demonstrating lack of intent, insufficient evidence, or exceedance of the reasonable term. A specialized criminal lawyer in Amsterdam, often via the Legal Aid Board, is crucial. A transaction (settlement) with the OM is frequently an option to avoid imprisonment, especially for smaller amounts.
Consequences after Conviction in Amsterdam
- Repayment ban by the Work and Income Department (DWI)
- Administrative fine by the municipality
- Damages to the Municipality of Amsterdam
- Possible withdrawal of allowances or other local benefits
Fraud involving amounts over € 4,920, as in many common Amsterdam cases involving concealment of rent or income, more often leads to criminal prosecution. Voluntary reporting and repayment via the Amsterdam fraud control can lead to reduced penalties or dismissal.