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A missed self-checkout scan and a theft allegation

A product appears not to have been scanned at the self-checkout. You are suspected of theft. A missing scan does not automatically determine the required intent. The circumstances must be investigated.

Duration: 1:39

Further reading and sources

This video summarises the main points. The full article provides more detail, exceptions and official sources. This information does not replace advice about your case.

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Criminal Law in the Netherlands.

A product appears not to have been scanned at the self-checkout. You are suspected of theft. A missing scan does not automatically determine the required intent. The circumstances must be investigated.

Save the receipt and write down what you know about scanning, payment and the inspection. Separate a possible explanation from a fixed memory. Do not enter details you are not sure about.

Discuss with your lawyer which camera images, cash register registrations and statements are relevant. Have a timely assessment of what needs to be secured. One isolated piece of information does not necessarily explain the entire situation.

Don't assume that theft can only occur after someone has left the store. The concrete behavior and circumstances require assessment. Don't use a general internet rule as a guarantee.

A claim for damages from the store and a store ban have a different role than resolution of the criminal case. Check every document and don't assume that paying ends all procedures.

Discuss the accusation and documents received before making a substantive choice. Keep all documents and have deadlines checked. A quick solution can have consequences that are not immediately visible.

Read the full explanation on the Criminal Law in the Netherlands website.

Understand the supporting sources

Sources and supporting information

Here you can find the sources for this page. Open the original publication for the full explanation, conditions and exceptions.

  1. Criminal Code: descriptions of offences, age and conditionsOpens in a new tabwetten.overheid.nlhttps://wetten.overheid.nl/BWBR0001854/
  2. Amsterdam Court of Appeal, May 30, 2017, ECLI:NL:GHAMS:2017:2168: evidence and completion of self-scan theft in this caseOpens in a new tabuitspraken.rechtspraak.nlhttps://uitspraken.rechtspraak.nl/details?id=ECLI:NL:GHAMS:2017:2168
  3. Public Prosecution Service: guideline for criminal proceedings in shoplifting (2022R003)Opens in a new tabom.nlhttps://www.om.nl/onderwerpen/b/beleidsregels/richtlijnen-voor-strafvordering-resultaten/richtlijn-voor-strafvordering-winkeldiefstal-verduistering-al-dan-niet-met-geweld-2022r003
  4. Police: shopping ban, meaning and individual questionsOpens in a new tabpolitie.nlhttps://www.politie.nl/onderwerpen/winkelverbod.html
  5. Civil Code Book 6: tort, liability and damageOpens in a new tabwetten.overheid.nlhttps://wetten.overheid.nl/BWBR0005289/
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