Shoplifting in Supermarkets, Drugstores and Hardware Stores

The ways in which shoplifting can be committed are diverse. For instance, consuming food inside the store, failing to scan items at self-checkout, or hiding items in clothing can constitute punishable acts of theft.

The theft of goods in a supermarket, drugstore, or DIY store generally falls under the criminal offense of theft according to Section 242 StGB. Under Section 242 StGB, anyone who takes another person’s movable property with the intent of unlawfully appropriating the item for themselves or a third party shall be punished with imprisonment for up to five years or a fine.

At what point does shoplifting become a punishable offense?

The question of when one becomes liable for theft is sometimes difficult to answer, as a theft can be divided into the following phases: non-punishable preparatory acts, attempt, completion, and termination of the act.

Correct classification usually requires the legal expertise of a specialist lawyer for criminal law and can significantly affect the sentence in individual cases.

The assumption that a punishable theft only occurs when the person leaves the store with the goods and the store owner no longer has access to them is incorrect. Theft has already occurred when smaller items are hidden in a trouser pocket, jacket pocket, or a bag being carried, and can thus no longer be accessed without hindrance.

Furthermore, theft does not have to be a clandestine act. This means that you are liable for theft even if you are observed during the act by another person—whether planned or by chance.

What role does the amount of damage play in sentencing for shoplifting?

The theft of low-value items is only prosecuted under Section 248a StGB if the victim files a corresponding criminal complaint—unless the prosecution authority considers intervention necessary ex officio due to a special public interest in prosecution.

The low value of an item is determined by its market value and, according to current Federal Court of Justice (BGH) case law, is assumed if the value of the theft is under 25 euros (other case law under 50 euros).

It is important to know that even in the case of theft of a low-value item, such as a lipstick in a drugstore, an avocado in a supermarket, or a few screws in a DIY store, criminal investigation proceedings will be initiated against you. Even in these cases, a conviction for theft can occur, which is why you should definitely contact a lawyer for criminal law.

What is the potential penalty?

The sentence for shoplifting depends on various factors in each individual case. Crucial factors include the type of theft, the value of the goods, any prior convictions of the perpetrator, etc.

Anyone who commits simple shoplifting under Section 242 StGB can expect a prison sentence of up to five years or a fine.

In a particularly serious case of shoplifting under Section 243 StGB, the act is punished with a prison sentence of three months to ten years. Depending on whether the perpetrator can be given a positive social prognosis, the sentence may be suspended on probation.

Theft by Juveniles and Young Adults

For juveniles (persons between 14 and 18 years of age), the sentence is generally milder than for adults, as the focus is less on punishment and more on education. With the help of representation by a professionally skilled defense lawyer, it may be possible to have the criminal proceedings dismissed.

If a juvenile is convicted of shoplifting, they must perform community service in many cases. However, repeat offenders face juvenile detention or even a juvenile sentence. In juvenile criminal law, this is the equivalent of imprisonment.

For young adults (persons between 18 and 21 years of age), there is also the possibility of the offense being handled under juvenile criminal law. Since this allows for a significantly lower penalty, legal intervention in this regard can have an extremely positive effect.

What to do if you have received a letter from the police regarding theft?

Once you have been caught shoplifting, in the vast majority of cases, a criminal complaint and a request for prosecution will be filed against you by the respective store owner. This leads to the initiation of criminal investigation proceedings against you as the accused. Shortly after the act, you will receive a letter from the police or the public prosecutor’s office (hearing of the accused), giving you the opportunity to provide information on the facts or requesting you to appear for an interrogation at the police station.

It is important to know that as the accused, you have a comprehensive right to remain silent and do not have to provide any information regarding the facts. Furthermore, you are not obliged to appear for the interrogation appointment.

As soon as you receive such a letter, contact a specialist lawyer for criminal law immediately. They will request access to the files for you and can draft a statement to achieve a dismissal of the proceedings or the mildest possible sentence. With the support of a lawyer specializing in criminal law, it is often possible to avoid an indictment. This means that no court hearing takes place where you would sit in the dock, and you also save significant costs that would be incurred by the court’s activities.

Should a conviction for theft nevertheless occur, it will not necessarily be included in the certificate of good conduct (Führungszeugnis). However, it is to be expected that the conviction will be entered into the Federal Central Register (Bundeszentralregister) so that other courts can view it.

How can we help you?

Our goal is to intervene early to strategically influence the course of the proceedings, avoid public attention, and protect your reputation and professional future.

First, we will cancel the summons for you and request access to the case files. All communication with the police and the public prosecutor’s office will then go through our law firm, so you no longer have to worry about being contacted directly by the police.

After reviewing the files, we check the formal requirements of the criminal proceedings and the individual evidence to assess whether there is sufficient suspicion against you. We strive for a dismissal of the proceedings as early as the investigation stage to avoid a public trial. Remaining inactive during the investigation and only clarifying all allegations at the main trial is rarely a good defense strategy.

We are also happy to act as court-appointed counsel (Pflichtverteidiger) for you. Even if this allegation is not a felony (Verbrechen), the accused often has a right to a court-appointed lawyer. The accused can choose their own defense lawyer. Along with the indictment, the court informs the accused that they have one week to name a court-appointed lawyer. If the accused is in pre-trial detention, they are entitled to a court-appointed lawyer immediately.