Accusation of theft: What to do now and what penalties you may face

What is the legal position on theft?

Theft is governed by Section 242 StGB and describes the unlawful taking of another person’s movable property with the intention of appropriating it for oneself or a third party. Even an attempt is punishable.

Elements of the offence:

• • property belonging to another that is movable
  • taking
  • intent and intention to appropriate

The sentencing range extends from a fine to up to 5 years’ imprisonment.

What penalties may be imposed for theft?

The penalty depends on several factors:

• • value of the goods or amount of damage
  • intent (planned or spontaneous?)
  • previous convictions
  • confession or denial
  • level of cooperation

Sentencing range under Section 242 StGB:

• • Fine (often for first-time offenders and low value)
  • Imprisonment of up to 5 years

In aggravating circumstances (e.g. gang theft or burglary), Section 243 StGB may also apply—resulting in a higher sentence.

Discontinuation of proceedings for first-time offenders

Especially for a first offence and a low value of goods, proceedings can often be discontinued subject to conditions (Section 153a of the German Code of Criminal Procedure (StPO)). Typical conditions include donations, community service, or victim-offender mediation. A discontinuation usually means no entry in the certificate of conduct—an important point for training and employment. Early legal assistance significantly improves the chances.

Sentencing in different scenarios

Situation	Possible penalty	Special considerations
First-time offender, under €50	Discontinuation, warning, or small fine	Possibility of discontinuation
Repeat offender	Fine or imprisonment	Aggravating
Theft from a dwelling	Imprisonment from 6 months to 10 years	Section 244(1) no. 3 StGB : Qualified theft – particularly protected private sphere
Theft from a dwelling with a weapon	Imprisonment from 1 to 10 years	Section 244(4) StGB : Qualified theft, danger to life and limb

How should I act correctly when accused of theft?

Have you received a police summons on suspicion of theft under Section 242 StGB, a particularly serious case of theft under Section 243 StGB, or a qualified form of theft under Section 244 StGB, and are unsure how you should proceed?

First, you should try to remain calm. As a suspect in an investigation for theft, you are not obliged to provide information to the police.

Nevertheless, you are advised to act quickly and consult a lawyer who specialises in property offences.

1. 1. Do not make a statement without a lawyer! You are not obliged to provide any information. Statements can be used against you.
   2. Observe deadlines: Ignoring a summons will not lead to the proceedings being discontinued.
   3. Seek legal support in good time: Only then is access to the case file possible and an effective defence can be planned.

Our law firm: Defence against theft allegations

We advise and defend clients nationwide. Whether it concerns a supermarket checkout, a company warehouse, or allegations in a private context—we are familiar with the common accusations and their legal pitfalls.

• • Access to the case file and securing evidence
  • Communication with authorities
  • Preparation for interviews or the main hearing
  • Goal: discontinuation or the lowest possible sanction

Examples from practice: An entrepreneur faced allegations of having taken high-value electronics from his former business. After comprehensive access to the case file, a discontinuation due to lack of evidence could be achieved through a targeted statement and witness examinations. In another case, an employee was accused of stealing medication in a hospital. With early legal representation, an incriminating statement could be put into perspective and the proceedings were discontinued subject to a minor condition.