Posted on 01/26/2005 12:26:58 PM PST by Libertas aut Mortis
PUBLICATION: National Post DATE: 2005.01.26 BYLINE: David Rennie SOURCE: The Daily Telegraph DATELINE: BRUSSELS ------------------------------------------------------------------------ -------- Judge allows robber to deduct gun ------------------------------------------------------------------------ --------
BRUSSELS - A Dutch court has allowed a bank robber to claim the $3,200 cost of the pistol used in the hold-up as a legitimate business expense.
The 46-year-old bank robber was permitted to set the cost of the gun against his gross proceeds of $10,575, gained during his raid on a bank in the southern town of Chaam. The judge at Breda criminal court duly reduced his fine by the same amount, in addition to sentencing him to four years in jail.
In a timely boost for the Netherlands' image as a bastion of liberal extremism -- dented recently by spiraling racial tensions -- the Dutch prosecutors service said the judge had followed sound legal precedent on the confiscation of criminal assets.
Spokesman Leendert De Lange said, "You can compare criminal acts to normal business activities, where you must invest to make profits, and thus you have costs."
Thus drug dealers would be within their rights to claim the cost of a car used to ferry those drugs around, Mr. De Lange said.
At pains to show that Dutch prosecutors are not a pushover, Mr. De Lange scoffed at the hypothetical example of a drug dealer claiming his Ferrari against the proceeds of his crimes.
"No, he would have to prove that he needed the car to transport the drugs around, and I hardly think he would transport them in a Ferrari," he said.
Dutch judges also insist on receipts, invoices or other forms of proof when calculating how much to confiscate from convicted criminals, the spokesman noted.
"You can't just tell the judge you spent 10,000 euros [$16,000], without any proof."
Gerard Sta, national director of the office of criminal assets, told the Dutch newspaper De Standaard of other strict conditions that must be fulfilled before a refund is considered: A criminal's costs must be directly related to the crime, and not just day-to-day expenses.
"A second condition is that the criminal offence must be carried out," Mr. Sta said.
Normal economic principles were at work, Mr. De Lange explained.
"The whole idea is that crime does not pay, but you are allowed to claim your expenses," he said.
"A Dutch court has allowed a bank robber to claim the $3,200 cost of the pistol used in the hold-up as a legitimate business expense."
In a country where guns are banned.
what about the ammo?
Please Lord, don't let anyone in the California judicial system read this thread.
Does the thief have to pay worker's comp and health insurance?
Whose been snorting the laughing gas?
PLEASE; tell me this isn't true!
That's one expensive handgun!
It was probably a 1911... people spend obscene amounts of money on them to get performance and reliability equal to a $450 Glock or a $550 Sig... go figure!
I would be surprised if a common criminal bought a tricked-out 1911 to use for stickups.
Tooooooooo late!!!
there's a gotcha; you need receipts:
Dutch judges also insist on receipts, invoices or other forms of proof when calculating how much to confiscate from convicted criminals, the spokesman noted.
"You can't just tell the judge you spent 10,000 euros [$16,000], without any proof."
Can Dutch criminals insist on receipts from judges?
Is it taxed at the long-term rate if you hold the photo for a year before "axing" the judge for $$$?
Henceforth, the following items shall be tax-deductable:
1. Get-away cars
2. Gas or mileage to and fro the crime scene
3. Travel cost such as hotels and meals when "on assignment" outside one's home town.
4. Items and costs needed for extorsion
5. All costs of sex crimes
6. All cost to defend oneself in court
7. Bribes
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