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In Enschede and Overijssel, the experienced criminal lawyers at Derbedrosian Criminal Lawyers are at your service. Our lawyers in Enschede are specialists in criminal cases and offer expert legal assistance. Embezzlement is a criminal offense different from theft. It involves the unlawful removal of monies or property while the perpetrator has the ability to serve those monies or property as an employment. Understanding the difference between embezzlement and theft is crucial in criminal cases. Sometimes an embezzlement case can lead to what is known as a TOM (Transaction Officer with Mediation) hearing. In such situations, it is wise to seek legal assistance from an attorney specializing in embezzlement. Our lawyers in Enschede are here to represent your interests and provide you with the right legal advice in cases of embezzlement and other criminal matters. Do not hesitate to contact Derbedrosian Criminal Lawyers for professional assistance.
Embezzlement in the Netherlands is a crime concept that emerges in the context of criminal matters. But what is embezzlement? It is important to understand that embezzlement is considered a serious offense and can have legal consequences for those involved.
What is obfuscation?
Embezzlement occurs when a person refuses to return property to its owner, often after that property has been leased or loaned. Embezzlement is considered a criminal offense and is classified as a felony. As for the penalties for embezzlement, they are determined by the court based on the specific circumstances of the case.
Punishment for embezzlement
Embezzlement is punishable by three years in prison or a fine of up to the 5th category, which amounts to €90,000.
In some cases, a higher sentence may be imposed, for example, if there are more severe circumstances, such as:
- Terrorism: embezzlement for the purpose of a terrorist crime prepare (four years in prison).
- Profession: embezzlement in the course of one's profession (four years in prison), such as someone who works as an accountant and transfers money to his own accounts.
What is the difference between embezzlement and theft?
Theft and embezzlement are initially very similar. In theft, you take away something that does not belong to you; you have no right to it. In embezzlement, on the other hand, you had the property rightfully in your possession, but you do not return it. A simple example of embezzlement is if you don't return a borrowed book to the library. You were allowed to borrow the book, so it was legally yours. If you don't return it, you commit embezzlement. In most cases, this example is not criminally prosecuted. But if it involves, for example, not returning a rented car, then it becomes more serious.
If we apply the same example to theft, the book should be stolen. Theft occurs when, for example, someone takes the book from the library without being a member of that library. In any case, the thief had no right to use or take the book.
Embezzlement from employment
Cases in which a person has stolen goods or money from his or her employer are called "embezzlement from employment." This type of embezzlement is punished more severely and can result in significant community service. The final punishment depends on several factors.
In addition to fines of up to 5th grade, the judge can also impose additional penalties, meaning that certain rights can be taken away from the convicted person.
Police interview
A police embezzlement hearing is an important part of the investigation of suspected embezzlement cases.
During the interrogation, questions are asked about what happened in connection with the embezzlement, possible witnesses and evidence. The goal is to clarify the facts and assess whether there is enough evidence to bring a case to trial.
It is highly recommended that the suspect be assisted by a lawyer during a police interrogation. This helps ensure that their rights are protected and that they receive advice on how to respond to the questions asked.
TOM hearing
Sometimes a person is invited to a "TOM hearing" in connection with embezzlement. During a TOM hearing, the defendant meets with his or her attorney and a prosecutor. During this meeting, the case is discussed, and if an agreement is reached, the defendant may accept a transaction proposal. This proposal may include paying a fine, following certain measures or making a donation to charity. If the defendant accepts the proposal and complies with the agreed-upon conditions, the case is closed without further criminal charges.
The main purpose of the TOM hearing is to speed up the processing of certain criminal cases and reduce the burden on the courts. It is usually applied to minor crimes where a quick and relatively simple solution is desirable. However, it is important to note that not all criminal cases are eligible for a TOM hearing, and the decision to use this procedure is made by the prosecution.
Lawyer for embezzlement
If you are facing allegations of embezzlement, it is of utmost importance to seek legal assistance immediately.
When contacting one of our specialized lawyers contact us, we assure you direct access to an experienced attorney who will personally handle your case. This attorney will not only protect your rights, but also provide comprehensive advice and guidance throughout the legal process.
You can rely on the expertise and dedication of Derbedrosian Law Firm when you find yourself in challenging times.