Criminal Prosecution for Welfare Fraud in Tilburg
In Tilburg, welfare fraud can result not only in administrative sanctions from the municipality but also in criminal prosecution. This falls under Article 348 of the Criminal Code (fraud) or Article 225 (forgery). The municipal social investigation service in Tilburg conducts the investigation, after which the Public Prosecutor's Office (OM) in East Brabant decides on prosecution.
The Criminal Process in Tilburg
The process starts with a dismissal decision or summons from the East Brabant district. In case of prosecution, the hearing takes place before the single judge or multi-judge panel of the court in Breda, which has jurisdiction over Tilburg. Penalties range from fines to a maximum of 2 years' imprisonment, depending on the extent of the fraud and the damage to the Tilburg welfare fund.
Possible Defenses
Effective defenses include lack of intent, insufficient evidence from the Tilburg social investigation service, or exceedance of the reasonable term. A specialized criminal lawyer from Tilburg or the surrounding area is crucial. A transaction (settlement) with the OM is often feasible to avoid imprisonment, especially for smaller amounts.
Consequences after Conviction in Tilburg
- Repayment ban by the municipality of Tilburg
- Administrative fine under the Participation Act
- Damages to the municipality of Tilburg
- Possible withdrawal of benefits for years
Fraud involving amounts over €4,920 in Tilburg more often leads to criminal steps, in accordance with national guidelines. The municipality of Tilburg applies a strict policy with a focus on prevention through campaigns. Transparency, voluntary repayment, and cooperation with neighborhood teams can lead to penalty reduction or dismissal.