As a criminal defense attorney specializing in criminal law and as a Lawyer in Mainz I am often asked when theft becomes time-barred. The answer is clear, but the details are complex and lead to misunderstandings among many clients. To give you an immediate overview, I will start with a brief summary.
Theft (Section 242 of the German Criminal Code) becomes statute-barred after 5 years.
• Start of limitation period: Date of the offense
• Qualified thefts also expire after 5 years.
• Burglary: 10-year statute of limitations
• The statute of limitations may be interrupted by investigations.
• Petty theft does not expire any faster
• Waiting is dangerous, as the deadline can start again at any time.
The key question is: when does the statute of limitations apply to theft??
The statute of limitations is regulated by law in Section 78 of the German Criminal Code (StGB).
• The statute of limitations is 5 years.
• After this period has expired, the theft is time-barred.
• The period begins on the day of the offense.
• Identifying the perpetrator is crucial for the start of none role
| facts of the case | statute of limitations | legal basis |
|---|---|---|
| Theft | 5 years | Section 242 of the Criminal Code |
| Grand theft | 5 years | Section 243 of the German Criminal Code (StGB) |
| Particularly serious case | 5 years | Section 243 of the German Criminal Code (StGB) |
| band theft | 5 years | Section 244 of the Criminal Code |
| burglary | 10 years | Section 244(4) of the Criminal Code |
This table answers the question “When does a crime such as theft become time-barred?”
Many defendants underestimate how important the statute of limitations really is in theft law. The most common misconception is to believe that one can simply wait until the five years have passed. In reality, however, the statute of limitations can be interrupted at any time, for example by ordering a search, questioning the accused, bringing a public prosecution, certain judicial measures, or written notifications from the public prosecutor's office. Each of these actions completely restarts the statute of limitations. In my work in the Criminal defense Mainz I regularly experience how crucial the right timing is for a successful defense.
• No statements without consulting a lawyer
• Never ignore letters from the police
• Secure evidence, messages, or witnesses
• Do not contact the other party
• Secure legal assistance at an early stage
Many affected parties think that after a few years, „everything will be settled.“ In reality, waiting often weakens the defense position. Why waiting is dangerous:
In my experience from the Criminal defense in Wiesbaden it is clear that early action makes the biggest difference.
In every case involving the statute of limitations, I first determine the exact time of the offense, check whether there are sufficient grounds for prosecution, analyze all possible interruptions to the limitation period, and then calculate the actual limitation period based on a complete review of the case files. This is the only way to reliably assess whether a theft is time-barred or not.
| benefits | disadvantages |
|---|---|
| Procedure can be discontinued | The statute of limitations may be interrupted |
| no further punishment possible | Uncertainty about deadline status |
| Evidence loses value | Waiting worsens results |
This comparison helps many clients to make a realistic assessment.
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I regularly assist clients from Mainz and neighboring regions, for example as Lawyer in Wiesbaden.
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The question of when theft becomes time-barred can be answered clearly: as a rule, the statute of limitations is five years, or ten years in the case of residential burglary. However, it is important to note that the statute of limitations can start again at any time as a result of investigative measures. If you would like to know in a specific case „when a crime such as theft becomes time-barred,“ I will be happy to assist you personally and discreetly.
I will check for you whether the statute of limitations may already have expired in your case and develop a clear defense strategy.
Contact me for a confidential initial consultation. I will support you personally and with full commitment.
Have your case reviewed now!
