Fines for shoplifting?

Questioner

We were caught red-handed shoplifting together at the same time. The times before that, we committed a theft together at the same time in the same store twice, where we were not caught red-handed, but were seen on camera (says the shopkeeper). What I understand is that the shopkeeper can only claim compensation for a red-handed act. Now we have a total of 4 fines of 181.00. I understand that you only pay a SODA fine for a red-handed act. And that if you commit the theft together at the same time, that if the damage is paid by one of you, the ordinance on the other expires. Is that correct?

Lawyer

First, a distinction must be made between criminal fines, civil fines and reimbursement of expenses. Criminal fines are determined by the Public Prosecution Service (OM) or the judiciary after a criminal investigation. Civil fines are issued by the retailer, usually based on a compensation clause in the general terms and conditions. Reimbursement of expenses is usually claimed to compensate for the time and costs incurred by the retailer in connection with the theft. In your case, you are talking about fines issued by a foundation called SODA (Service Organization Direct Liability). These fines are issued by the retailer through SODA to cover expenses caused by the theft, such as security and administrative costs. Regarding your question whether the shopkeeper can only claim compensation when caught red-handed, this is correct to a certain extent. Although each situation depends on specific circumstances, in practice it is often difficult for a shopkeeper to receive compensation based on camera images alone, because it is not always possible to accurately determine the identity of the perpetrator. Nevertheless, the Public Prosecution Service can decide to take action if it believes it has sufficient evidence. As for your situation where the two of you committed the theft at the same time, it is true that according to Dutch law, multiple persons can be held responsible for the same act. This means that both of you can be individually liable for the full compensation, regardless of whether the other person has already paid a part. I would advise you to hire a lawyer or attorney to advise you further on your specific situation. This is only a general overview based on the information provided and may differ from your actual situation and the rights and obligations that come with it.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

Questioner

Clear!! Thanks for your answer. The legal system has (as I read your answer) ramifications. It just depends on the situation. Then let's hope that the judge is kind. I'll put on my best hat.