Simple Theft in Tilburg
Simple theft is the standard form of theft involving the taking of another person's movable property with the intent to unlawfully appropriate it for oneself or another, without violence, threats, or burglary. This offense is governed by Article 310 of the Criminal Code (Sr) and can result in a maximum prison sentence of four years in Tilburg and surrounding areas, handled by the District Court of Zeeland-West-Brabant in Breda.
What does simple theft mean for residents of Tilburg?
Simple theft involves taking a movable item, such as a bicycle, handbag, or smartphone, belonging to someone else. The perpetrator gains control over it with the intent of unlawful appropriation, meaning to enrich themselves or a third party at the expense of the rightful owner. There are no aggravating factors like violence or burglary; otherwise, it qualifies as qualified theft (Article 311 Sr). In Tilburg, this is common, for example, bicycle theft near Central Station or shoplifting in Heuvelstraat.
Legal basis
Article 310(1) of the Criminal Code defines it as follows: "Any person who takes away all or part of another person's movable property and thereby appropriates it for himself or another, with the intent to unlawfully benefit himself or another, shall be punished as guilty of theft with imprisonment for a maximum of four years or a fine of the fourth category." The Supreme Court has ruled in cases such as ECLI:NL:HR:2005:AT3687 that even brief possession can constitute theft if ownership is violated. For minors in Tilburg, juvenile criminal law applies under the Youth Justice Act.
Difference from other forms of theft
Simple theft is the milder version. Overview:
| 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 false keys | 6 years or 8 years (organized) |
| Burglary theft | Art. 311(2) Sr | Breaking into a home or building | Max. 6 years |
Read more in our article on Theft and Burglary in Tilburg.
Examples from Tilburg practice
Example: Your bicycle is left unsecured in the Spoorzone area in Tilburg and someone rides off with it – that's simple theft. Or shoplifting in a supermarket on Westermarkt: putting cookies in a bag and walking out. Even a failed attempt (Article 45 Sr) is punishable. Specific to Tilburg:
- Shoplifting: Taking goods from shops in the city center.
- Bicycle theft: Stealing from racks at the station or in neighborhoods.
- Bag snatching: Grabbing a bag in a busy Jumbo or Albert Heijn.
In 2022, East Brabant Police recorded thousands of reports in Tilburg and surrounding areas (source: Politie.nl).
Your rights if suspected in Tilburg
Victim?
- Report it to Tilburg Police (0900-8844 or via the app).
- Gather evidence such as city camera footage or witness statements.
- Claim compensation from the perpetrator or the Criminal Injuries Compensation Fund.
Suspect?
- Right to silence and lawyer (Article 40 CCP).
- After arrest: call family and receive legal assistance.
- Cooperate with questioning, but avoid self-incrimination.
The public prosecutor at the District Court of Zeeland-West-Brabant (Breda) decides; opt for a settlement or trial.
Penalties and procedure
Penalties vary: first offense often a fine or community service (Prosecution guidelines: 20-40 hours for minor cases). Repeat offenses or high value lead to prison. The judge considers recidivism and damage (Article 63 Sr).
Frequently asked questions
Is stealing an apple in Tilburg simple theft?
Yes, value doesn't matter for qualification, but it does for sentencing. An apple from a market stall is theft.
What if I return the bicycle?
The offense stands, but remorse can reduce the penalty.
Civil remedy possible?
Yes, claim at the district court alongside the criminal case.
'Borrowing' without permission theft?
No, without intent to appropriate.
Tips for Tilburg residents
Victims:
- Use sturdy locks and GPS trackers for bicycles.
- Cameras in shops or at the garage.
- Get legal expenses insurance or visit the Legal Aid Desk in Tilburg.
Suspects:
- Contact the Legal Aid Desk in Tilburg for free advice.
- Consider mediation via the municipality.
- For youth: Halt program to prevent prosecution.
More info at Legal Assistance in Tilburg.