Theft Charges in Germany | Legal Defence

In Germany, theft is a criminal offence regulated under § 242 (1) of the German Criminal Code (StGB). Attempted theft, meanwhile, is covered by § 242 (2) StGB. For theft to be established, the offender must remove another person’s movable property without permission. Legally, “removal” means removing an object from someone else’s custody—essentially transferring control. This custody does not need to end up with the offender; it just has to be broken from the original owner. In places like shops, even briefly holding an item or concealing it, for instance, in a pocket, can count as taking it from a “custody enclave”—the legal term for a space restricting control of goods to authorised people.

Beyond the act of removal, intent is essential to prove theft. The offender must have knowingly taken the object belonging to someone else with the intent to appropriate it. This intent element, often difficult to prove, is critical for determining criminal liability. Many theft accusations arise without sufficient evidence of intent, leading to charges that may be unfounded. Our law firm, experienced in criminal defence, understands the nuances of such cases and provides effective representation for foreigners and expats facing the challenges of the German legal system.

Theft is only prosecuted upon application if it is subject to the “low-value limit” according to § 248a StGB. Objects with an objective value between €25-30 are considered low-value. Our experienced criminal defence lawyers will advise you on the criminal charges raised and will always keep your specific situation and its legal peculiarities in mind.

In Germany, a theft charge under § 242 StGB can carry harsher penalties if it meets specific conditions outlined in § 243 StGB, which applies to cases deemed “particularly serious.” In these cases, the penalty range increases significantly, with potential sentences of up to ten years in prison. The following are some of the key situations classified as particularly serious under § 243 (1) StGB:

• Breaking and entering into buildings, service or business premises, or other enclosed spaces
• Theft of classified information
• Commercial theft, where theft is committed as part of a business operation
• Theft of property from churches or other places used for religious purposes

Even if one or more of these circumstances apply, the court still has discretion to determine if a case should indeed be considered “particularly serious.” Conversely, even if none of the listed circumstances are met, the court may still conclude that a case qualifies as particularly serious based on the overall context.

Our experienced German criminal law defence team ensures that all aspects of your case are thoroughly evaluated and argued in court, working to reduce the severity of charges wherever possible. When multiple offences are alleged, our lawyers bring a meticulous approach to emphasise mitigating factors and aim for the best possible outcome.

Certain forms of aggravated theft in Germany are considered more dangerous and carry more severe penalties under § 244 of the German Criminal Code (StGB). These cases involve specific methods of committing theft, each presenting unique legal challenges. The key categories of aggravated theft under § 244 StGB include:

• Theft with Weapons or Dangerous Tools: Theft is considered aggravated if the offender carries a weapon or dangerous tool, even if there is no intent to use it. Awareness of the tool’s presence and accessibility can meet the criteria, as it implies a potential threat.
• Theft Using Other Tools: This type of theft involves using an object to overcome or deter resistance, either by force or threat of force. Notably, the intent to use the tool does not have to exist from the outset; it is enough that it is used to intimidate or gain compliance during the act.
• Gang Theft: Theft committed by a gang—defined as a group with a shared intent to commit crimes—carries a higher risk profile and penalty. Even if a gang member is not directly involved in the act or is unaware of it, they may still be held accountable under gang theft provisions if the crime aligns with the group’s criminal agreement.
• Domestic Burglary: Domestic burglary involves stealing from a dwelling. Interestingly, depending on their connection to the dwelling, this can include separate rooms that are not part of the main living area, such as storage spaces. Conversely, if a person enters an adjoining room solely to access the living quarters, this may also constitute domestic burglary under certain conditions. Each case requires careful analysis to determine if the criteria for domestic burglary are met.

Given the complexities of these aggravated theft categories, our experienced criminal defence lawyers are available to support individuals in these situations. We carefully examine each case to identify potential defences, ensuring your rights are protected throughout the legal process. As a full-service law firm, we specialise in criminal defence for foreigners and expats in Germany, offering comprehensive support for all criminal law matters.

Under § 244a of the German Criminal Code (StGB), aggravated gang theft carries a prison sentence of one to ten years, with no option for a fine. In less severe cases, the sentence ranges from six months to five years. For a charge of aggravated gang theft, the offender must have committed the theft as part of a gang involved in theft or robbery, with at least one other gang member’s participation. A gang is defined as a group of at least three individuals who have agreed to commit multiple theft or robbery offenses, even if they haven’t planned every detail. Notably, the members don’t need to act together at the same time or place, and just one criminal act with the intent to continue can be sufficient to establish gang-related intent.

In German law, distinguishing theft from robbery can be complex. Theft involves the unlawful seizure of property without the use of force, primarily protecting the victim’s property rights. However, if force or threat of force is used to take the property (known as “finality”), the offence is classified as robbery, which is typically punishable by a minimum sentence of one year in prison.

An experienced criminal defence lawyer is essential when facing serious theft charges in Germany. The legal experts at Schlun & Elseven Rechtsanwälte have extensive experience in defending clients against theft-related charges. With our lawyers by your side we provide comprehensive representation and support throughout the legal process.

Once you engage our services, we will work closely with you to develop a defence strategy tailored to your specific circumstances. Whether the goal is to avoid a criminal conviction altogether or secure a more lenient sentence, our German criminal law defence team is dedicated to achieving the best possible outcome for you. Please do not hesitate to contact us to benefit from our expertise and commitment to your case.