Have you been arrested for shoplifting or accused of failing to scan a product at the self-checkout? A difference between your shopping and your receipt does not automatically mean that theft has been proven. The Public Prosecution Service (the OM, which decides on prosecution in the Netherlands) must be able to establish the statutory elements of theft. Your conduct, the circumstances, camera footage, statements and payment data may all be relevant.
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Do take the suspicion seriously, though. Even a product of limited value can lead to a criminal case. In addition to any penalty, a shop ban, a civil damages claim and consequences for a certificate of conduct (VOG) may come into play. Each of those tracks has its own legal basis. Paying a single amount therefore does not in itself mean that all the consequences have been dealt with.
Keep the receipt, payment details and all documents you receive. Discuss the case with a lawyer before you pay a punishment order or sign a statement you do not understand. A criminal defence lawyer at Arslan Advocaten can assess exactly what you are accused of and which defence fits.
When does taking goods from a shop amount to theft?
Article 310 of the Dutch Criminal Code (Sr) defines theft as taking away property that belongs wholly or partly to another person, with the intention of unlawfully appropriating it. That intention is important. A mistake is legally something different from knowingly taking goods without wanting to pay. The court assesses what emerges from the facts and circumstances.
There is no universal rule that theft only occurs once someone is outside the shop. Actual control over the goods and the person’s conduct may already be relevant earlier. Conversely, passing a checkpoint does not in itself prove what someone intended. A defence must therefore reflect the full course of the visit to the shop.
The basic form of theft carries a statutory maximum of four years’ imprisonment or a fine of the fourth category. That is not a prediction of the penalty for a first suspicion of shoplifting. Where there is, for example, violence, cooperation with others or other special circumstances, a different criminal provision may be relevant. See the current rules in Articles 310 et seq. Sr.
Forgetting to scan a product at the self-checkout
With self-checkouts, disputes regularly arise over whether there was a mistake or a deliberate failure to pay. An item missing from the receipt may give rise to an investigation. For the assessment under criminal law, other information is important too: how the shopping was processed, which products were paid for and what happened during the check.
Think of a malfunction, a double action, unclear packaging or a product at the bottom of a trolley. Such circumstances are not an automatic excuse, but they can form part of a verifiable explanation. Avoid generalisations such as “everyone forgets something now and then”. Describe to your lawyer exactly what you did and which specific indications support your recollection.
Keep the original receipt and bank transaction. Note the shop, date, time and payment method used. Report quickly if there may be relevant camera footage. Have any request for preservation or investigation made carefully; you are not automatically entitled to all of a shop’s footage. Recording it in good time can, however, prevent crucial information from being lost before the case is assessed.
What may a shop employee or security guard do?
When someone is caught in the act, a private citizen may, subject to conditions, arrest a suspect and hand them over to the police as soon as possible. That does not mean a shop employee has the same powers as the police. The reason for the arrest, the way it was carried out and any force used must be assessed separately. Excessive violence is not justified simply because there is a suspicion.
A request to open your bag is something different from a statutory power to search you. House rules do not give an unlimited right to use force. At the same time, physically resisting an arrest is risky and can escalate the situation. Stay as calm as possible, ask why you are being held and, if necessary, ask for the police and legal assistance.
Afterwards, write down what happened: how long it lasted, who was present, any injuries and which belongings were examined. Have any injury medically assessed if necessary. A possible error by security staff does not automatically invalidate the suspicion of theft. Your lawyer can keep both issues apart and determine which legal consequence, if any, may attach to an unlawful act.
Your rights when questioned by the police
As soon as you are questioned as a suspect about the offence, you have the right to remain silent. You do not have to give a detailed statement on the spot to prove your innocence. Ask to consult a lawyer and discuss what information you have already been given. There may be good reasons to first gain insight into the suspicion and the available documents.
The right to remain silent does not mean that all legal obligations disappear. Identification and certain other duties to cooperate must be assessed separately. The distinction between questions about your involvement and practical actions is important. So do not be guided by the general idea that you must answer everything, or that you need not cooperate with anything at all.
Check carefully what is recorded in the official police report. A sentence such as “I forgot to pay” may be interpreted differently from a detailed description of a technical problem. Have inaccuracies corrected before you sign. If you do not understand Dutch well enough, say so immediately. You can find more information under arrested by the police.
What determines the evidential position in a shoplifting case?
A criminal case may rest on statements by staff, camera footage, the goods found, till data and your own statement. Your lawyer examines whether that information is consistent. Are the times correct? Is the person filmed recognisable? Is the whole action visible, or only a fragment? Are conclusions being drawn that go further than what the evidence actually shows?
The reliability of recollections also deserves attention. An employee can make a mistake without knowingly giving a false statement. The same applies to a suspect in a stressful situation. The aim of further investigation is not to attack anyone personally, but to establish which facts are certain and where doubt exists.
| Question | Relevant information |
|---|---|
| Which products were allegedly taken? | List of goods and receipt |
| What was paid for? | Receipt, payment transaction and till record |
| How did the check proceed? | Statements and any footage |
| What does the evidence show about intent? | Conduct and full circumstances |
| Is the identity correct? | Identification and objective data |
A mere denial is not a complete defence strategy. Conversely, you do not have to invent an alternative scenario when you no longer remember something. Discuss what you know for certain, what you suspect and what can be investigated. That distinction prevents an unnecessarily categorical statement from later turning out to conflict with objective data.
First-time shoplifting and how the case may be dealt with
With a first suspicion, factors such as the value of the goods, the method, the evidential position, age and personal circumstances play a role. There is no fixed rule that a first offence is always dealt with by a warning. Nor is a low product value in itself a guarantee that there will be no record or prosecution.
The OM may decide on a dismissal (the Public Prosecution Service drops the case), another appropriate disposal or a court summons. If a punishment order follows, you must consciously consider whether you accept the finding of guilt and the sanction. A small amount can make it tempting to pay quickly, but the side effects may be greater than the amount suggests.
If the case is brought before the court, the court first assesses the evidence and whether the offence is punishable. Only in the event of a conviction does the penalty come up. A lawyer can therefore both raise a defence on the evidence and, in case that does not succeed, explain personal circumstances. These are different parts of the defence and not an admission that every accusation is correct.
Paying or challenging a punishment order for shoplifting
A punishment order is a decision under criminal law. If you disagree with the accusation, the description of the offence or the sanction, have it checked immediately whether and how you can lodge an objection (verzet). The main rule involves a short time limit linked to personal service or knowledge of the order. The date on the letter is not the only relevant moment in every situation.
Do not pay in advance while you still want to consider whether to contest the accusation. Voluntary payment may rule out the possibility of an objection. Keep the envelope, note when you received the decision and gather any earlier correspondence. Digital receipt may also be relevant to the time limit.
A more favourable outcome after an objection is not guaranteed. The OM may reassess the case and the court may hear the criminal offence. So discuss evidence, procedural requirements, possible sanctions and side effects together. Our page on receiving a punishment order and objecting to it explores this choice further.
A shop ban and a damages claim are separate issues
After an incident, a shop may impose a shop ban. Check which shop or shops, what duration and which conditions the ban covers. Do not go back to resolve the dispute on the spot. Ignoring a legally valid ban can lead to a new conflict and possibly a separate criminal matter.
In addition, a shop or an organisation acting on its behalf may claim civil damages. That amount is not the same as a criminal fine. Ask about the legal basis, the description of the loss and who is bringing the claim. Whether a claim is owed must be assessed independently; a standard letter does not in itself prove that every item is correct.
The connection with any criminal case also deserves attention. Paying a civil claim does not automatically end the prosecution. Nor does a dismissal rule out every civil dispute. So submit all letters to your lawyer at the same time and keep payments for each track separate. This prevents you from thinking that everything has been settled while another file is still open.
Will you get a criminal record, and can you still obtain a VOG?
Shoplifting is generally a serious offence (misdrijf) and may be registered in the judicial records. Registration is not limited to a conviction by a court. Other decisions under criminal law may also be relevant. So do not only ask about the level of the penalty, but also about the nature of the disposal and any consequences for your situation.
A record does not automatically mean that every VOG application will be refused. Justis (the screening authority of the Dutch Ministry of Justice and Security) assesses, among other things, whether the information is relevant to the purpose for which the VOG is requested. A position involving money, goods or trust may raise different questions from another position. The passage of time and personal circumstances may also play a role.
If you have an internship, course or job for which a VOG will soon be needed, say so early in the process. Keep a job description and information about the screening profile, if available. More explanation can be found under VOG and criminal record. Have the specific application assessed rather than relying on a general promise that everything will be fine.
Minor suspects and the role of parents
Special rules apply to minor suspects. Age, development and educational interests play an important role. A possible referral to Halt (the Dutch diversion programme for young offenders) is not available for every young person and every offence. It must also be clear what participation involves and which conditions apply. A parent should therefore not look only at a quick resolution.
Discuss the situation calmly with your child without dictating a statement. Keep the documents, ask what assistance is available and make sure the young person understands what is happening. As a parent, you do not automatically have the same role as the lawyer. The legal position and interests of the minor must be safeguarded in their own right.
If several young people were present, each person’s own involvement must be examined. Simply being in a shop together is not the same as jointly committing theft. Conversely, actively working together may be relevant under criminal law. Our explanation of juvenile criminal law and minor suspects provides further background.
Two fictional self-checkout examples
In a first example, a customer scans all their shopping, but one item does not appear on the receipt due to a technical problem. The customer did pay for another product with similar packaging and, at the check, immediately asks for the till record to be examined. Those circumstances do not in themselves prove a mistake, but they may justify a careful examination of the till sequence and the footage.
In a second example, several items are visibly moved past the scanner without being registered, while cheaper items are paid for. Here too, all the evidence must be assessed. However, the value of the unpaid goods and the actions involved may raise different questions about intent than in the first example. A general reference to a self-checkout error is then not a complete answer.
These examples have been invented to explain the difference in evidential position. They do not describe cases handled by Arslan Advocaten and do not predict any outcome. The legal assessment depends on the specific file, including information that seems unfavourable at first sight. That is precisely why the receipt, payment data, product list and camera footage must be examined together.
Also pay attention to the time stamps on the footage. A camera may have a clock that is off, and a receipt may show the moment of payment rather than the earlier scanning. If there is a discrepancy, it must be established whether it concerns the same transaction. Write down for your lawyer which actions you still remember precisely and which data can verify your recollection. This keeps the investigation focused on what actually happened and prevents a single time stamp from being given too much weight.
Frequently asked questions about shoplifting
Is forgetting to scan automatically theft?
No. The intention of unlawful appropriation must be proven. The circumstances determine whether a mistake is plausible and what evidence exists on that point. Keep the receipt and describe exactly what happened to your lawyer.
Can I avoid prosecution by paying for the product afterwards?
Paying afterwards does not automatically stop a criminal case. It may play a role in the assessment, but it does not in itself undo an offence that may already have been completed. Also have it checked what amount you are paying and to whom.
May a security guard hold me?
When someone is caught in the act, a private citizen may, subject to conditions, make an arrest with a view to a swift handover to the police. That does not give an unlimited power to use violence or carry out a search. The way it was actually carried out can be assessed separately.
Will I only get a fine for a first offence?
That is not certain. The disposal depends on the evidence, circumstances, age and any previous convictions. A fine is also not the same as a resolution without consequences, especially when it forms part of a punishment order.
Must I tell my employer about the suspicion?
There is no general answer that applies to every employee. The position, agreements, regulations and actual situation may be relevant. Discuss this separately; a suspicion is not the same as a final conviction.
Can I get help if I have a low income?
Subsidised legal aid is available subject to conditions. The arrangement depends on the case and your situation. Ask in advance about the costs of criminal legal assistance and any personal contribution.
Legal help after an accusation of shoplifting
Contact Arslan Advocaten if you receive an invitation to an interview, a punishment order or a court summons. Also send us any damages claim and the shop ban. We can distinguish between the various tracks, discuss the evidential position and indicate which steps require attention in the short term.
Sources
Editorial team and responsible lawyer
Editorial team: Arslan Advocaten. Responsible lawyer for criminal law: Melanie Schulpen.
Last editorially updated: 22 September 2026. This general information is no substitute for an assessment of your own file.
