When a valuable device was sold, it turned out to be registered as closed. Police and judicial investigations revealed that the business owner himself had previously reported the device to his insurance company and the police as being stolen. Wrongly, it later turns out. The business owner was prosecuted for insurance fraud (swindling) and making a false report to the police.
Although the District Court of Maastricht still came to a proof and thus conviction, the Court of Appeal of 's-Hertogenbosch does not exclude the possibility that the accused may have made an administrative error at the time. Since, in the opinion of the court of appeal, there had been a mistake, there was no evidence of any intention to promote the defendant. Nor does the court of appeal consider any intention - not even in a conditional sense - present with regard to making the false report and acquits the accused of that as well.
The entrepreneur was represented on appeal by Mr. Chris-Jan Kamminga, associated with Weening Criminal Lawyers
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