Theft (§§ 242, 243 StGB) – Elements, Penalties and Defense

In brief: Theft under § 242 StGB is punishable by up to five years of imprisonment or a fine. For low-value objects (for instance in shoplifting), the proceedings frequently end with a discontinuance under §§ 153, 153a StPO or a penalty order. In the case of burglary, weapons or gang commission, the range rises considerably. Decisive are silence towards the police, file access and the right steering of the investigation.

The theft accusation ranges from reaching into the supermarket shelf to residential burglary. For first offenders it usually concerns a discontinuance or a fine; for the aggravations, considerable prison sentences loom. This article explains the offenses, the sentencing range and the concrete options for action. An overview is also provided on our page on theft (§ 242 StGB).

What is Theft (§ 242 StGB)?

Theft is committed by whoever takes away a movable object belonging to another in order to unlawfully appropriate it for themselves or a third party. Taking away means breaking another’s custody and establishing new custody. In shoplifting, custody is as a rule broken as soon as the goods are carried past the checkout area or concealed in one’s own clothing. Decisive is the intent to appropriate – whoever only wants to use an object briefly and return it does not commit theft (distinction from the non-punishable unauthorized use and from embezzlement under § 246 StGB, where the breaking of custody is missing).

The Forms of Theft and Their Penalties

• § 242 – simple theft: imprisonment up to five years or a fine; the attempt is punishable.
• § 243 – especially serious case: three months to ten years. Standard examples are, among others, breaking, climbing in or entering with a false key into a building, overcoming a special security measure, commercial commission, and theft from a church or of cultural property.
• § 244 – theft with weapons, gang theft, residential burglary: six months to ten years.
• § 244(4) – burglary into a permanently used private dwelling: one to ten years – a felony for which the law provides no less serious case.
• § 244a – serious gang theft: one to ten years (a felony).

The difference between § 242 and the aggravations decides years of sentence. Whether a burglary, a gang or a weapon really exists is therefore frequently the central point of dispute.

Low-Value Objects and Criminal Complaint (§ 248a StGB)

Where the taken object is of low value – according to a widespread view up to a value of around 50 euros – theft is prosecuted only on criminal complaint, unless the prosecution affirms a special public interest (§ 248a StGB). This concerns most shoplifting cases. The domestic and family sphere is likewise an offense prosecuted on complaint (§ 247 StGB). The low value at the same time excludes the standard effect of the especially serious case (§ 243(2)). For the defense, the value of the loot is therefore often of great importance.

Course of Events in Shoplifting

Typically the person concerned is stopped by the store detective, the goods are secured, the personal details are recorded and a complaint is drawn up; frequently a ban from the premises and a demand for a catch premium follow. Important: towards the detective and the police there is no obligation to make a statement on the matter. It is sufficient to give one’s personal details. Everything further should be left to the defense – premature explanations or a signed “confession” regularly cause harm.

Strategy and Options for Action

1. Remain Silent and Obtain File Access

No statement on the matter, no police interview without defense counsel. Only file inspection (§ 147 StPO) shows how robust the evidence is – for instance whether the video recording really proves the taking away.

2. Attack the Elements of the Offense

If the intent to appropriate is missing (for instance in the case of inadvertently taking along or forgetting to pay), intent is doubtful, or custody was not yet broken, a completed theft is excluded. These points are frequently decisive in unclear checkout situations.

3. Seek Discontinuance (§§ 153, 153a StPO)

For low-value loot and first offenders, a discontinuance under § 153 StPO (without conditions) or § 153a StPO (against a monetary condition) is the rule. For juveniles and adolescents, diversion measures under §§ 45, 47 JGG additionally come into consideration.

4. Compensation and Withdrawal of the Complaint

The return or payment of the goods and – in the case of an offense prosecuted on complaint – an understanding with the injured party about the withdrawal of the complaint can end the proceedings.

5. Examine the Penalty Order

If the proceedings end with a penalty order, an objection is possible within two weeks (§ 410 StPO), which can be limited to the legal consequences. A penalty order under 90 daily units generally stays out of the certificate of good conduct.

6. Avert the Felony Accusation

Where a residential burglary (§ 244(4)) or a gang theft (§ 244a) is at issue, refuting these features is a priority – it decides the felony character and the minimum sentence of one year.

Consequences of a Conviction

Every conviction is entered in the Federal Central Criminal Register; it appears in the certificate of good conduct as a rule only from more than 90 daily units of a fine or more than three months of imprisonment (§ 32 BZRG). For certain professions (trade, security sector, public service), even a minor previous conviction can have considerable consequences; for civil servants disciplinary consequences loom, for foreign nationals consequences under residence law. A prison sentence of up to two years can be suspended on probation (§ 56 StGB).

Frequently Asked Questions

What happens with a first shoplifting?

For low-value loot and first offenders, the proceedings are usually discontinued under § 153 or § 153a StPO or resolved with a penalty order for a fine. A prison sentence practically does not loom in these cases.

Does shoplifting appear in the certificate of good conduct?

As a rule only where the sentence exceeds 90 daily units or a further entry exists. Every conviction is, however, recorded in the Federal Central Criminal Register.

Do I have to say anything to the store detective?

No. You only have to give your personal details and may remain silent on the matter. Do not sign any pre-formulated declaration.

Is the catch premium to be paid?

A reasonable catch premium can be demanded under civil law; it says nothing about the criminal assessment. Payment or a ban from the premises is not an admission of guilt.

How We Can Help

In theft, above all the value of the loot and the question of an aggravation decide the outcome. Whoever remains silent, has the file evaluated and uses the routes to discontinuance, compensation or the warding off of the felony accusation can achieve a great deal. We defend you in Bonn and throughout the Rhineland at every stage; more on our page for criminal defense in Bonn.

This article provides a general overview and does not replace advice in an individual case. A reliable assessment is only possible after inspection of the file and a personal consultation.

Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.

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Last updated: July 2026