Fraud (oplichting) means inducing someone, by one of the deceptive means listed in the law, to hand over property, provide a service, incur a debt or cancel a claim owed to them. Are you suspected of fraud? Keep the complete documents and write down the next deadline. Below you can read which legal questions, documents and next steps deserve attention. How your own situation is assessed depends on the specific facts and the applicable legal framework.
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What does fraud mean in legal terms?
Fraud (oplichting) means inducing someone, by one of the deceptive means listed in the law, to hand over property, provide a service, incur a debt or cancel a claim owed to them.
The legal starting point is Article 326 of the Dutch Criminal Code (Wetboek van Strafrecht). The exact wording of the charge matters, because one everyday description can cover several statutory variants. Your lawyer therefore compares the wording of the suspicion with the case file and checks whether each element can be supported by lawful and convincing evidence.
A failed contract or a broken promise is not automatically fraud. Criminal law requires proof of the statutory elements and does not treat every civil dispute as fraud.
What must the Public Prosecution Service prove?
The Public Prosecution Service (Openbaar Ministerie, OM) must provide evidence of the alleged deception, the means used, the causal link, the intention of unlawful gain and your own role. A suspicion may be enough to start an investigation, but a conviction requires lawful and convincing evidence of the entire charge.
The defence examines, for each item of evidence, what it actually shows. An official police report may contain an observation, a summary of a statement or a conclusion drawn by an officer. Those parts do not automatically carry the same evidential weight. It must also be examined whether exculpatory context is missing.
Where several people are involved, the individual role of each suspect must be established. Contact with a co-suspect, presence at a location or a payment may be relevant, but it does not replace an analysis of intent, knowledge and contribution.
What rights do you have during a police interview?
As a suspect, you have the right to remain silent and the right to consult a lawyer. If you are invited for an interview without being arrested, ask beforehand in what capacity you will be questioned and which offence the suspicion concerns. The police do not always provide the full case file straight away.
Remaining silent is not an automatic strategy for every case. Sometimes an early, verifiable explanation can prevent an incorrect picture from taking hold. In other cases, an unprepared statement actually creates risks. Make that choice after discussing the known facts, possible lines of investigation and documents that may support your explanation.
Read the official record of the interview carefully. Ask for a correction if your words have been recorded incorrectly or too firmly. Do not sign in a hurry. If you have difficulty with the Dutch language, raise the use of a sworn interpreter in good time.
What evidence should you secure?
In any event, keep agreements, advertisements, payment details, complete message threads, proof of delivery and information about what was communicated before the payment. Keep the original files available and make a working copy for your lawyer. Screenshots can be useful, but they often do not show the full conversation, its origin or the metadata.
Draw up a timeline with dates, people and events. Separate what you observed yourself from what others told you. Note possible witnesses with a brief explanation of what they themselves observed. Do not approach them to align statements.
Do not delete or alter any data. Information that seems unfavourable at first sight may also be needed to understand the context. Report possible camera footage or other temporarily available sources quickly, so that your lawyer can assess whether securing that material or further investigation is needed.
Why the moment before payment is so important
With a suspicion of fraud, the order of events deserves particular attention. Do not start with the question of why an order ultimately failed, but with the information on which the other party based their decision. Which advertisement was online at the time? What promise was made? Who sent the payment request? A message sent after the payment may be relevant to the case file, but it does not in itself explain why that earlier payment was made.
For each transaction, therefore, prepare an overview with four parts: offer, communication, payment and performance. For each part, record the date and the original document. If several customers filed a police report, both the similarities and the differences must remain visible. A payment for a product that was in fact delivered must not be quietly merged with another order. Different employees may also have provided different information.
A defence that merely states that there was a business dispute is usually too general. Substantiate what was actually agreed, what work was carried out and when problems arose. Purchase invoices, shipping details, schedules and refunds may be relevant here. Such documents do not guarantee an acquittal, but they make it possible to test the accusation in concrete terms.
Online sales, fake accounts and identity
With online sales, a case file may start with a username, bank account number or telephone number. These are leads for the investigation. The next question is who used the account at the relevant times and which acts can be attributed to that person. Owning an account and personally sending a misleading message are different facts.
Keep any available security notifications, correspondence with the platform and information about shared access. Note when a password was changed or a phone went missing. Do not alter messages afterwards to make an account seem more convincing. Also tell your lawyer which data you no longer have and why. A missing conversation can sometimes still be investigated through another party involved or through the platform; that is no reason to seek access to someone else’s account yourself.
If you traded under a business name, explain which business it belonged to. Using a business name is in itself something different from pretending to represent an existing organisation when that is not true. The context of that presentation may be precisely what matters in assessing the alleged deceptive means.
Not delivering, not paying and deliberate deception
An agreement may fall through because of illness, stock problems, financing or a dispute about quality. That does not automatically make a criminal accusation right or wrong. The statutory characteristics of fraud must be examined, together with the information that was available when the agreement was made. The Supreme Court (Hoge Raad) discusses this distinction in its overview judgment of 20 December 2016, ECLI:NL:HR:2016:2889.
Separate your expectations from your knowledge. “I expected the supplier to deliver on time” is a different statement from “the product was already ready”, when the latter was not the case. Give your lawyer the unfavourable messages as well. Otherwise an email that surfaces later may undermine the chosen explanation, and the preparation has to start all over again.
A refund is relevant to repairing the damage and to the assessment of the circumstances. It does not automatically erase an offence that may have been committed earlier. Conversely, not having enough money for a refund does not in itself prove that there was fraud from the outset. The timeline prevents knowledge from being attributed with hindsight that may not have existed earlier.
Prepare the compensation claim and the criminal case separately
A person who reported the offence can claim compensation in the criminal proceedings. In that case, check not only the total amount but also the underlying transactions, partial deliveries, refunds and any payments made by a third party. Keep proof of payment for each refund. Otherwise an unclear description on a bank statement may lead to a dispute about which order has been reimbursed.
Discuss any proposed settlement with your lawyer. A business attempt to resolve damage must be worded carefully while a criminal investigation is ongoing at the same time. Do not ask for a statement to be withdrawn in exchange for payment and do not try to coordinate statements. The Public Prosecution Service decides on prosecution; an arrangement with the person who reported the offence does not guarantee that the criminal case will stop.
If your bank account has also been blocked, keep the bank’s letter separately. A request for bank details, a complaints procedure and the criminal case may each have different response deadlines. Keep one overview of the letters, but do not send the same substantive account to every party without consultation. Check what information is needed for the purpose of each response.
Tracing a payment from agreement to destination
For each disputed transaction, make a short overview: the original agreement, the information given before payment, the payment date, the account holder and the destination of the money. Put any delivery or refund on the same timeline. This shows which events are established and which conclusions still need to be investigated. Do not limit yourself to the closing balance of an account; that says little about the reason for individual payments.
Where there are several transactions, the situation may differ from buyer to buyer. One person may have received different information from another. Therefore collect the complete communication per person. A general explanation of your business does not replace the assessment of a specific allegation. Also state which work was actually carried out and which external problems you can substantiate, without reconstructing documents afterwards as if they already existed at the time.
If a bank account is being investigated, also discuss who had access to the account and which devices were used. Where you are alleged to have acted as a pass-through account, the article on bank helpdesk fraud and money mules offers further points to consider. For a suspicion involving documents, the explanation of forgery is relevant. These allegations can occur together, but each has its own evidential requirements.
Finally, ask which sums of money actually form part of the criminal case and which are only mentioned in a civil claim. Record earlier payments in a verifiable way. An orderly overview of transactions helps both with the defence on the evidence and with checking a compensation claim, without thereby admitting liability.
What steps can you take now?
Work in a fixed order, so that deadlines and evidence are not lost.
1. Keep the letter, summons or punishment order and note every date. 2. Request the case file or the available details of the suspicion through your lawyer. 3. Collect original data and prepare a factual timeline. 4. Discuss your approach to the proceedings before the interview. 5. After every decision, check the correct legal remedy and the deadline. 6. Coordinate parallel procedures with your employer, bank, municipality or CBR (the Dutch driving licence authority).
A request to contact a lawyer does not in itself protect a deadline. A punishment order, judgment or measure may be subject to a short statutory deadline. Therefore send the complete decision and state when you received it.
Contact us for an assessment of the next step.
What outcomes are possible?
An investigation may end in a dismissal (the Public Prosecution Service drops the case), a punishment order, a summons or another decision by the Public Prosecution Service. In court, possible outcomes include acquittal, discharge from further prosecution and conviction. Which route applies depends on the evidence, the legal classification and the circumstances.
A statutory maximum sentence does not predict the actual sentence. The court looks at the proven offence, its seriousness, consequences, personal circumstances and relevant documentation. Compensation, seizure, a contact condition or a measure may also come into play.
Do not automatically accept or pay a punishment order if you wish to contest the finding of guilt. Have the consequences and the deadline for lodging an objection checked straight away. Even a relatively limited disposal may have significance for your judicial record and a later assessment for a certificate of conduct (VOG).
What mistakes are often made?
Many suspects immediately try to explain everything by telephone without knowing the case file. A second mistake is deleting relevant messages out of shame or fear. Contacting a person who reported the offence or a witness yourself may also be misinterpreted or breach a prohibition.
Other risks include: keeping only a few screenshots, letting a deadline pass because the letter is unclear, treating a punishment order as an ordinary fine and withholding information from your own lawyer. A defence becomes stronger with complete, verifiable information.
Do not publish a detailed response on social media. A public defence rarely takes account of the rules of evidence, privacy and the as yet unknown content of the case file. Discuss consequences for your reputation or work through a separate, coordinated route.
How does Arslan Advocaten handle this type of case?
Arslan Advocaten handles criminal cases from the interview stage through to the hearing and any legal remedy. The lawyer starts with the procedural documents, deadlines and the next decision point. Evidence, legal classification and personal consequences are then assessed separately.
In practice, difficulties often arise because a client has several procedures running at the same time. Think of a blocked bank account, a dismissal issue, a closure order or a VOG problem alongside the criminal case. We map out those lines first, so that a response in one case does not unintentionally harm your position in another.
Frequently asked questions about fraud
Is failing to deliver a product always fraud?
No. Failure to perform may give rise to a civil dispute. For fraud, the statutory elements must be proven, including a deceptive means and the required intention. What was communicated before the payment and what was known at that time are therefore important.
Am I automatically a suspect because my account was used?
An account number may give reason for an investigation, but it does not in itself prove who carried out the deception or what the account holder knew. Keep information about access to the account, communication and the destination of amounts received. Discuss your precise role before making a statement.
Will the criminal case stop if I pay the money back?
Repayment may be relevant to the damage and to personal circumstances. It does not automatically end the prosecution and does not replace an assessment of the evidence. Record payments carefully and discuss the wording of any settlement with your lawyer.
What if someone else used my sales account?
Collect original data that can support this, such as security notifications and messages about access. Merely saying that the account was shared is usually not enough to clarify the factual questions. Do not change or delete existing account data to support a statement.
Can a business breach of contract still become a criminal case?
Yes, a business dispute can also be investigated under criminal law if there are concrete indications of fraud. The label “business dispute” does not decide the case. Your lawyer must compare the alleged deception, the statutory means and the individual transactions with the case file.
Which documents should I send for an initial assessment?
Start with the complete summons to appear or writ of summons, the next date and a concise timeline of the transactions. Keep advertisements, agreements, proof of payment and complete message threads available. For large or sensitive files, first agree a secure submission route with the firm.
Have your case assessed
Have you received a summons to appear, a punishment order or a writ of summons? You can request an assessment through the contact form. State the next date and only share sensitive documents through the agreed secure route.
When is a prompt legal assessment advisable?
With fraud, the next step must be tailored to the specific procedure. Therefore have the available documents, the deadline and the purpose of a response assessed together. A lawyer can establish which information is missing, whether further investigation is needed and which authority decides on your question. This makes clear what you can gather yourself and which formal step must be taken in time.
Prompt assistance is particularly advisable when an interview, punishment order, summons, seizure or measure has already been announced. Note the date of receipt, keep envelopes and digital messages and send the complete decision. Also discuss consequences for your work, licence, residence status, insurance, banking relationship or VOG. Those side effects sometimes call for a separate response with its own deadline. A specific assessment always depends on the case file; general information does not replace personal legal advice.
Sources
- Dutch Criminal Code (Wetboek van Strafrecht)
- Dutch Code of Criminal Procedure (Wetboek van Strafvordering)
- The Dutch judiciary on criminal law
- Supreme Court, overview judgment on fraud
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 does not replace an assessment of your own case file.
