The penalty for theft ranges from a fine to up to five years in prison for petty theft. The determining factors include not only the value of the item, but also the manner in which the offense was committed, prior convictions, restitution, and the evidence.
Theft occurs when a person takes another person’s movable property with the intent to unlawfully appropriate it for themselves or a third party. Under § 242 of the German Criminal Code (StGB), even an attempt to commit theft is a criminal offense.
An item is considered stolen if it is not solely owned by the accused. Movable property includes items that can actually be removed, such as merchandise, cash, cell phones, or bicycles.
"Taking into custody" means that another person's existing custody is terminated against or without their will, and new custody is established. In the case of shoplifting, this can occur as soon as the merchandise is concealed in a bag or under clothing and the store has not yet been left.
In addition, there must be an intent to secure, at least temporarily, a position akin to ownership for oneself or a third party and to permanently displace the rightful owner from that position. A mistake regarding ownership or the right to restitution can therefore be decisive for the element of intent.
The penalty for theft under the basic offense is a fine or imprisonment for up to five years. In particularly serious cases, the law provides for imprisonment for three months to ten years.
The court determines the actual penalty for theft based on the individual’s degree of culpability. There is no fixed scale of penalties based on the value of the goods.
| Facts of the Case | Statutory Penalty Range |
|---|---|
| Simple Theft under Section 242 of the German Criminal Code (StGB) | A fine or imprisonment for up to five years |
| Particularly serious case under § 243 of the German Criminal Code (StGB) | Imprisonment for a term of three months to ten years |
| Theft with a weapon or gang theft under Section 244 of the German Criminal Code (StGB) | generally, a prison sentence of six months to ten years |
| Residential Burglary under Section 244(4) of the German Criminal Code (StGB) | Imprisonment for a term of one to ten years |
The following factors, among others, are relevant to determining the specific penalty for theft:
Fines are set in daily rates. The number of daily rates is determined by the severity of the offense, while the amount of a single daily rate generally depends on the individual’s personal and financial circumstances.
The value of the goods influences the sentencing, but does not, in principle, result in a fixed penalty. Therefore, a value of 200, 3,000, or 5,000 euros alone does not determine whether the offender will face a fine or a prison sentence.
The penalty for theft of up to 200 euros is not specified by law. An amount of 200 euros is not automatically considered a minor offense, nor does it preclude a conviction.
In the case of a first-time offense that was not premeditated and involved no aggravating circumstances, a fine or dismissal of the case may be considered. Repeat offenses, prior convictions for similar offenses, or the circumvention of specific security measures may result in a harsher assessment.
There is also no specific statutory category for penalties for theft of up to 3,000 euros. While the higher amount of loss may be a factor, it does not automatically make a simple theft a particularly serious case.
The offense as a whole remains the determining factor. For example, if a break-in occurred, the act was committed for commercial gain, or a special security device was bypassed, § 243 of the German Criminal Code (StGB) may apply regardless of a fixed value threshold.
The penalty for theft of up to 5,000 euros is also determined on a case-by-case basis. A value of 5,000 euros may carry significant weight in determining the penalty, but it does not replace an examination of the statutory elements of the offense.
A prison sentence is not mandatory solely on the basis of this amount. Nor is it possible to make a reliable prediction as to whether a fine would be sufficient without knowing the details of the offense, the defendant’s criminal history, and the status of the proceedings.
A particularly serious case may involve, for example, a break-in, the circumvention of certain security measures, or commercial-scale activity. The penalty is typically three months to ten years of imprisonment.
According to § 243 of the German Criminal Code (StGB) on particularly serious cases of theft Examples of such offenses include, among others, breaking into a business premises, theft from a locked container, and commercial theft.
A specific example in the regulations does not automatically result in a harsher penalty. The court must evaluate the facts of the case as a whole. Conversely, a case may be deemed particularly serious due to exceptional circumstances even if none of the explicitly listed examples is fully met.
This is to be distinguished from aggravated theft under § 244 of the German Criminal Code (StGB). For example, anyone who carries a weapon or a dangerous tool, acts as a member of a gang, or breaks into a privately occupied residence used on a permanent basis must expect separate—and in some cases, more severe—penalties.
Even the theft of an item of negligible value is a criminal offense. Under § 248a of the German Criminal Code (StGB), the offense is generally prosecuted only upon a criminal complaint, unless the public prosecutor’s office takes action ex officio due to a particular public interest.
The law does not specify a fixed, nationwide euro threshold. Whether an item is of negligible value depends on its objective market value at the time of the offense and the relevant case law.
The Theft of Items of Negligible Value Under Section 248a of the German Criminal Code (StGB) This does not mean there is impunity. The provision primarily concerns the conditions for criminal prosecution. An effective complaint may therefore lead to criminal proceedings even if the value of the goods is low.
In cases of theft committed against a relative or a person living in the same household, § 247 of the German Criminal Code (StGB) also stipulates a special requirement for filing a complaint.
For a first-time offender with no relevant prior convictions, a more lenient penalty or dismissal of the case may be more likely than in cases of repeat thefts. However, there is no guarantee of a specific outcome.
The commonly used term „first-time offender” does not necessarily mean that the individual has never faced criminal charges. The decisive factors are, in particular, existing and admissible prior convictions, ongoing proceedings, and the specific offense.
Repeated acts of the same nature may indicate that the conduct was not a one-time offense. Furthermore, multiple thefts are not necessarily treated as a single incident. Each act must first be classified separately before an aggregate sentence can be determined.
After a report is filed, the police and the district attorney’s office determine whether there is sufficient grounds for suspicion. To this end, they may review witness statements, video recordings, seized items, sales data, and statements made by the accused.
The statutory starting point for the penalty for theft is Section 242 of the Criminal Code. However, defendants are not required to incriminate themselves. A statement should only be considered after reviewing the specific contents of the case file and the available evidence.
After reviewing the file, the following questions, in particular, should be examined:
A Lawyer in Mainz can evaluate these points based on the investigative file. In the case of the Criminal defense in Mainz In this region and the surrounding area, it is particularly important to introduce exculpatory circumstances into the preliminary investigation as early as possible and in a targeted manner.
Depending on the suspicion of a crime, guilt, the extent of the damage, and the suspect’s criminal history, theft proceedings may be terminated without an indictment. In particular, the case may be dismissed for lack of sufficient suspicion, due to the minor nature of the offense, or subject to certain conditions.
One Dismissal pursuant to Section 153 of the Code of Criminal Procedure on the grounds of insignificance In the case of a misdemeanor, this presupposes a low degree of culpability and the absence of a public interest in prosecution. The decision rests with the public prosecutor's office or the court.
According to § 153a of the Code of Criminal Procedure With the accused’s consent, the proceedings may be provisionally suspended subject to certain conditions, provided that the seriousness of the offense does not preclude this. Possible conditions include, for example, restitution, a monetary payment, or community service. Once these conditions have been fully met, the offense can no longer be prosecuted as a misdemeanor.
„In the case of an accusation of theft, the defense should not wait until a summary judgment or an indictment is issued before taking action. After reviewing the case file, it must be assessed early on whether there is reliable evidence of the offense, intent, and the value of the goods, and whether the case can be dismissed,” explains Waldemar Dill, an attorney specializing in criminal law.
Whether it makes sense to file a statement depends on the evidence. A Criminal defense in Wiesbaden or an inspection by a Lawyer specializing in criminal law in Darmstadt can prevent extenuating circumstances from being considered only after an indictment has been filed.
Defendants should not make any hasty statements, should ensure that deadlines are met, and should request access to the case file. A confession, an apology, or a payment cannot easily be retracted later.
These steps make sense:
Fees for legal services are determined, depending on the scope and significance of the matter, either in accordance with the German Lawyers’ Fees Act (RVG) or an individual fee agreement.
Is theft still a crime if the item is returned later?
Voluntary return does not, as a general rule, negate a theft that has already been committed. There is no legal category of „punishment for theft”; rather, the legal consequences are determined based on the specific degree of culpability. Prompt return of the stolen property, restitution for damages, or a sincere apology may have a favorable impact on sentencing and the decision to dismiss the case. Withdrawal from the offense as a basis for exemption from punishment is only possible as long as the act has not yet been completed.
Will a conviction for theft appear on a criminal record?
A conviction for theft does not necessarily appear on a standard criminal record check. Pursuant to Section 32 of the Federal Central Register Act (BZRG), a first-time fine of no more than 90 daily rates is generally not included if no other conviction is recorded in the Federal Central Register. The conviction is nevertheless stored in the Federal Central Register. Different requirements apply in the case of more severe penalties, multiple entries, or an extended or official criminal record check.
Can an allegation of theft lead to termination of employment?
A proven case of theft at the employer’s expense may justify termination for cause, regardless of the value of the goods. However, labor courts must weigh all the circumstances of the individual case, including length of employment, position of trust, extent of damage, degree of fault, and the history of the employment relationship to date. A dismissal of criminal charges does not automatically bind the labor court. Similarly, a termination does not in itself prove that the elements of a criminal offense have been met.
Is keeping something you found considered theft?
Keeping a lost item is generally not considered theft if the finder does not breach another person’s custody of the item, but it may constitute embezzlement under Section 246 of the German Criminal Code (StGB). If the value of the lost property exceeds ten euros, the finder must, pursuant to § 965 of the German Civil Code (BGB), immediately report the find to the person who lost it, the owner, or the competent authority. The legal classification may differ if the item is clearly still within the owner’s immediate sphere of control.
Who is the best lawyer to hire if you're accused of theft?
A qualified attorney is distinguished by a practice focus on criminal law, early access to case files, and a realistic assessment of the evidence, intent, value of the goods, and possibilities for dismissal of the case. Waldemar Dill works as an attorney specializing in criminal law in accordance with these criteria and, beginning during the preliminary investigation, structures the defense with the goal of securing a dismissal and preventing an indictment. The most appropriate strategy can only be reliably determined after evaluating the investigative file.
