Victims of Internet fraud, phishing and other forms of online crime need not fear being left to fend for themselves. The Central Judicial Collection Agency (CJIB) has a variety of ways to force offenders to pay up. There is also an advance payment scheme, whereby victims are reimbursed for part of the damage as an advance payment.
So writes Minister for Legal Protection Franc Weerwind in a letter to the House of Representatives.
In the letter, the minister responds to the motion of Roelof Bisschop, Kees van der Staaij (both SGP) and Ulysse Ellian (VVD), which dates from November 2021. In it, the MPs argue that more and more people are becoming victims of phishing, Internet scams and other forms of digital fraud. According to them, with substitute custody, perpetrators try to avoid paying even one cent in damages.
Bishop, Van der Staaij and Ellian requested that the cabinet inform the House of Representatives about the possibilities of enforcing compensation even if the perpetrator is in prison. The motion was passed by the House by a large majority.
Minister Weerwind is responding to the request of the House of Representatives. In his letter, the minister emphasizes that it is important for victims that the damage suffered by victims due to Internet fraud and scams is compensated. "A criminal act can leave deep marks on a victim. Not only physically and emotionally but also financially," Weerwind said. A speedy trial and an appropriate punishment may then offer reparation.
Some cyber criminals try to pocket the money and refuse to pay damages. With substitute custody, they think they can avoid punishment. In the end, they draw the short straw. "If the criminal court imposes a compensation measure, the Central Judicial Collection Agency (CJIB) takes over the collection and recovery for the victim. This takes a lot of work off the hands of victims, can help prevent stress and saves costs," Minister Weerwind wrote in his letter to the House of Representatives.
The CJIB has several options for recovering financial compensation from the offender. The mildest form is for the agency to send a letter to the offender. If he does not pay within 30 days or make a payment arrangement, CJIB can send a reminder. It does this a maximum of two times. If the fraudster still does not pay, CJIB can call in a bailiff. If he fails to reach payment arrangements, the bailiff may have his salary, benefits, savings or assets seized.
Furthermore, the CJIB can ask the prosecutor to have the perpetrator taken hostage to force payment. However, this does not void the obligation to pay: it is purely a coercive measure to convince the swindler to compensate the victim for the damage suffered. Even after any hostage-taking, the CJIB continues to pursue the collection of compensation until the end of the enforcement period. In the process, the offender's income and assets are periodically reviewed. The CJIB can then come to a new payment arrangement or send the bailiff by again.
Whether the offender is on the loose or in detention, CJIB immediately tries to execute the compensation measure. Almost half of those convicted (45 percent) make payment arrangements while in prison. Minister Weerwind warns that offenders often have little savings or income, but do have debts. "If the convicted person has to pay compensation, the CJIB looks in a person-oriented way at what possibilities the convicted person has to collect it and what efforts the convicted person has already made to do so," the minister writes.
And this is proceeding successfully. More than 70 percent of all compensation measures are paid in full within three years. In the remaining cases, payment arrangements are ongoing in most cases. After ten years, more than 80 percent have been paid off in full.
Finally, Minister Weerwind stressed that there is an advance payment scheme. This was created to ensure that the victim does not have to wait unnecessarily long for his money. If the offender has not paid the compensation within eight months after the verdict is rendered, the victim will receive the outstanding amount as an advance payment.
Victims of Internet fraud can receive up to 5,000 euros this way. The damage of over 90 percent of the victims is thus compensated. Additional measures to compensate victims of Internet fraud or scams are therefore not necessary, according to Minister Weerwind.
