Leiden Law Blog

Can you steal an exam without taking it?

Can you steal an exam without taking it?

Last year, several students of the Ibn Ghaldoun secondary school in  Rotterdam ‘stole’ their final exam. What they did was break into the sealed room at their school where the exams were kept and take pictures of the exam using a (cell phone) camera. They didn’t actually take the physical exam itself.

After the students were caught they were prosecuted for theft, which is novel and interesting, because the relevant article in the Dutch law (article 310 Sr) requires that a physical good is taken, which was not really the case here.

First of all, data (such as a digital picture) does not qualify as a good under Dutch law, it qualifies as data (article 80quinqies Sr). While the Dutch Supreme court has held in the past that electricity (Elektriciteitsarrest) can be qualified as a good and a unique virtual item in a game can also be qualified as a good (Runescape arrest), it has also held that computer data in itself cannot be qualified as a good because it lacks the requisite uniqueness (Computergegevensarrest). Secondly, the taking of a good in the sense of the Dutch law means that the good must be removed from the custody of a third party. This was clearly not the case, because the school was still in possession of the physical exam.

Nevertheless, the court in Rotterdam held that the exam was indeed stolen. The court argued that while the physical exam was not stolen, the students did ‘take’ what was most important about the exam, namely, the secret questions. Without the element of secrecy, the exam has no value. Therefore, the court held that taking the secret of the exam robs the exam of its ‘intrinsic value’ and therefore, photographing the exam counts as stealing.

Several of the students have appealed against the verdict. If the verdict is upheld in appeal, this will be a serious break with the logic of the Dutch criminal system with its division between ‘data’ and ‘goods’. Meanwhile, students – including law students – must  be aware that you can steal an exam without taking it.

2 Comments

bart
Posted on May 30, 2014 at 08:49 by bart

Dear Noah,

thank you for your response. The goal of this post is not to provide you with a scholarly exposition on this case. If you want that, please read my article on this case in the next ‘Tijdschrift voor Internetrecht’.

best,

Bart

Noah F.
Posted on May 29, 2014 at 02:47 by Noah F.

There is no such thing as logic within the (Dutch) criminal system.

Superficial article.

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