Shoplifting in Supermarkets, Drugstores, and Hardware Stores
Criminal offense: Shoplifting under § 242 StGB includes the taking of someone else’s movable property with the intention of unlawfully appropriating it for oneself or a third party. Even hiding goods in clothing can be punishable.
Damage amount and criminal complaint: For low-value items (under 25 euros), a criminal complaint by the injured party is required unless there is a particular public interest.
Penalty for shoplifting: Up to 5 years imprisonment or a fine for simple theft. From 3 months to 10 years imprisonment for aggravated theft (§ 243 StGB).
Juveniles and young adults: Juveniles usually receive milder penalties such as community service. Repeat offenses may result in juvenile detention or juvenile imprisonment. Young adults may also be sentenced under juvenile law.
Behavior upon receiving a letter from the police: Do not provide any information without legal counsel and immediately contact a criminal defense attorney. They will request access to the case files and may seek to have the proceedings dismissed.
Legal assistance: Early legal defense can help to avoid an indictment or public trial and achieve a lenient sentence.
Retailers in Germany are reporting an increase in shoplifting incidents, particularly affecting supermarkets, discount stores, drugstores, and hardware stores.
The ways in which shoplifting can occur are varied. Actions such as consuming food within the store, not scanning items at self-checkout stations, or hiding articles in clothing can constitute criminal acts of theft.
The theft of an item in a supermarket, drugstore, or hardware store generally falls under the criminal offense of theft according to § 242 StGB. Under § 242 StGB, anyone who unlawfully takes a movable item belonging to someone else with the intent to appropriate it for themselves or a third party is punishable by up to five years in prison or a fine.
When Does Shoplifting Become a Crime?
Determining when a person is criminally liable for theft can be complex, as a theft can be divided into the following phases: non-punishable preparatory actions, attempt, completion, and termination of the act.
Correct classification often requires the legal expertise of a specialist in criminal law and can significantly impact the penalty in individual cases.
Contrary to common belief, a theft does not only occur when the person has left the store with the item, thereby depriving the store owner of access to it. Theft is committed as soon as small items are hidden in a pocket, jacket, or bag, making them inaccessible.
Additionally, theft does not have to be a secret act. You can be criminally liable for theft even if another person witnesses the act—whether planned or by chance.
Impact of Damage Value on Sentencing for Shoplifting
The theft of items of low value is only prosecuted if the victim files a corresponding criminal complaint, according to § 248 StGB, unless the law enforcement agency deems prosecution necessary due to special public interest.
The low value of an item is determined by its market value, currently assumed to be under 25 euros.
It is important to note that even for the theft of low-value items, such as a lipstick in a drugstore, an avocado in a supermarket, or a few screws in a hardware store, a criminal investigation can be initiated. Therefore, contacting a criminal defense attorney is highly recommended.
What Penalties Can Be Expected?
The penalty for shoplifting depends on various factors, including the type of theft, the value of the stolen goods, and the offender’s previous convictions.

A simple shoplifting offense under § 242 StGB can result in up to five years of imprisonment or a fine.
In cases of particularly severe shoplifting under § 243 StGB, the penalty ranges from three months to ten years in prison. Depending on whether the offender has a positive social prognosis, the sentence may be suspended on probation.
Theft by Juveniles and Young Adults
For juveniles (aged 14 to 18), penalties are generally milder than for adults, as the focus is more on rehabilitation than punishment. With the help of a specialized criminal defense lawyer, it may be possible to have the proceedings dismissed.
If a juvenile is convicted of shoplifting, they are often required to perform community service. Repeat offenders may face juvenile detention or even juvenile imprisonment, which corresponds to imprisonment in adult criminal law.
For young adults (aged 18 to 21), there is also the possibility of prosecuting the offense under juvenile criminal law, which can lead to significantly lighter penalties.
What to Do If You Receive a Letter from the Police?
If you are caught shoplifting, the store owner will most likely file a criminal complaint and a police report against you. This initiates a criminal investigation. Shortly after the incident, you will receive a letter from the police or public prosecutor’s office (defendant hearing), giving you the opportunity to provide information about the incident or summoning you to a police interview.
It is important to know that, as a suspect, you have the right to remain silent and are not obligated to provide any information about the incident. You are also not required to attend the interview.
Once you receive such a letter, contact a criminal defense attorney immediately. They will request access to the case files and prepare a statement to seek a dismissal of the case or the mildest possible penalty. The assistance of a specialized criminal defense lawyer can often prevent charges from being filed, meaning you will avoid a court hearing and save substantial costs associated with court proceedings.
If a conviction for theft does occur, it will not necessarily be recorded in your criminal record. However, it is likely to be entered in the Federal Central Register, where it can be accessed by other courts.
How Can We Help?
Our goal is to intervene early to strategically influence the proceedings, avoid public attention, and protect your reputation and professional future.
First, we 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 need to worry about being contacted directly by the police.
After reviewing the case files, we will examine the formal requirements of the criminal proceedings and the individual evidence to determine whether there is sufficient suspicion against you. We aim to have the case dismissed during the investigation phase to avoid a public trial. Remaining inactive during the investigation and addressing all allegations only at trial is rarely a good defense strategy.
We are also available to act as your appointed defense counsel. Even if this offense does not qualify as a felony, the accused often has the right to a court-appointed defense attorney. The accused can choose their defense attorney, and the court will inform them with the indictment that they have a week to name their appointed defense attorney. If the accused is in pre-trial detention, they are immediately entitled to an appointed defense attorney.
If you have any further questions or if you are a suspect in a criminal case, please do not hesitate to contact us.