Legislator Case Law & Legislation
ECLI:NL:RBNNE:2013:CA3363 ECLI:NL:RBNNE:2013:CA3363 AI generated

Court partially allows criminal theft charges while dismissing civil restitution claims due to jurisdictional limits.

Case Number ECLI:NL:RBNNE:2013:CA3363
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court convicted the defendant of attempted burglary and theft, ordering restitution to one victim and detention for non-payment. While criminal liability was established based on evidence of forced entry and intent, the civil claim against another victim was declared inadmissible because it must be heard by a civil court. The court ruled that the criminal division lacks jurisdiction over the full civil compensation amount, limiting its power to the state's collection mechanism.

Legislator headnote

AI generated

Wetboek van Strafrecht; Wetboek van Burgerlijke Rechtsvordering: The criminal court may order restitution to the state but must refer excess civil claims to the civil court, as it lacks jurisdiction over full private compensation.

Keywords

AI generated
attempted burglary criminal restitution civil jurisdiction state collection detention order

Cited Legislation

AI generated
Wetboek van Strafrecht
Wetboek van Burgerlijke Rechtsvordering
AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text