Shoplifting: Compensation and Your Rights

Questioner

A friend of mine shoplifted and was arrested and handed over to the police. She was given a fine and that has now been paid. The store now claims an amount of 181 euros from her, as damage caused by her actions, and has transferred this claim to the Stichting AMW. The stolen goods represent a retail value of approximately 15 euros, so the difference is very large. My question to you is, is the store now entitled to claim this amount?

Lawyer

There is case law that shows that this is simply possible.

Lawyer

Then I am curious about that case law. This is a private law issue. If a shop claims compensation, there must be damage. The shop will therefore have to demonstrate what exactly that damage consists of and that it amounts to exactly €181. Many shops set a 'fine' of €181 for shoplifting, but I would oppose that. A shop cannot issue a 'fine', if it is damage then that has to be proven and such a sign is not a general condition either. It is mainly a display of power.