Police officer unfairly dismissed for shoplifting
16 March 2025
A 54-year-old police officer from Groningen was acquitted on Wednesday of stealing a bottle of floor cleaner from the cell complex. However, the officer had already been fired. This reports the Dagblad van het Noorden.
Police officer summarily dismissed
A police officer from Heerlen became discredited after he under-scanned 51 items at the self-scanning checkout at an Albert Heijn supermarket in Kerkrade in August 2020. As a result, the supermarket incurred a loss of €94.60. According to the receipt, the officer had scanned almost all products, but forgot to enter the correct number for several items.
Dismissal for incompatible behaviour
The police decided to dismiss the officer in March 2021. The chief of police argued that committing a crime such as theft was “totally incompatible with police service”. After all, police officers are supposed to detect crimes, not commit them. This dismissal is based on the premise that integrity is essential within police work.
Objection: PTSD as a mitigating factor
The officer challenged his dismissal, bringing forward that he suffered from post-traumatic stress disorder (PTSD). According to the internal appeals committee, he was impaired during the incident. PTSD can lead to concentration problems and unconscious behaviour, such as not fully checking off groceries.
Articles of law: theft and insanity
The case revolves around Section 310 of the Penal Code, which criminalises theft. At the same time, Article 39 is important: those who cannot be held responsible for their actions due to mental illness are not punishable.
Criminal case dismissed
The prosecution decided to dismiss the criminal case conditionally. Psychiatric examination showed that the officer was unable to act according to his sense of right and wrong due to his PTSD. The psychiatrist concluded that it was quite possible that the officer had unconsciously failed to scan articles.
Judge: wrongful dismissal
The court ruled that the police were too quick to ignore the psychiatrist's advice. There was no evidence that the officer deliberately tried to steal or acted out of range of cameras. The judge found in favour of the officer, allowing him to keep his job in the police force.
Conclusion
This case shows that psychological complaints such as PTSD can weigh heavily when assessing criminal offences and labour disputes. Thanks to Article 39 of the Penal Code and the expert opinion, the officer is allowed to continue his work with the Heerlen police.