Criminal defense for Theft in Bonn

Legal Basis

§ 242 StGB

Sentencing Range

Imprisonment of up to five years or a fine

Summary

Taking away movable property belonging to another person with intent to unlawfully appropriate it

Theft under Section 242 of the German Criminal Code – Overview

Theft is the classic property offence and one of the most frequently prosecuted criminal offences in Germany. Section 242 StGB protects ownership and possession of movable property. The provision also serves as the basis for aggravated forms such as theft in especially serious cases (Section 243 StGB) and residential burglary (Section 244 StGB).

Statutory Text (Section 242 StGB – Excerpt)

Subsection 1: Whoever takes away movable property belonging to another person with the intent to unlawfully appropriate the property for themselves or a third party shall be liable to imprisonment of up to five years or a fine.
Subsection 2: The attempt is punishable.

Elements of the Offence in Detail

Movable Property Belonging to Another

The object of the offence is movable property belonging to another – any physical object not solely owned by the perpetrator that can be moved. Even low-value items are covered.

Taking Away

Taking away means breaking the existing custody (Gewahrsam) and establishing new custody. Custody is actual control over the item, supported by the natural will to exercise such control. The decisive moment is when the perpetrator removes the item from the sphere of control of the previous custodian.

Intent to Appropriate

The perpetrator must intend to unlawfully appropriate the property for themselves or a third party. This encompasses the will to permanently dispossess the entitled person and to at least temporarily appropriate the item. Mere intent to use (furtum usus) is insufficient.

Unlawfulness of Appropriation

The intended appropriation must be unlawful – the perpetrator must not have a due and enforceable claim to the property.

Typical Methods of Commission

The most common forms include: shoplifting (most frequent form), pickpocketing, bicycle theft, theft from motor vehicles, workplace theft (to be distinguished from embezzlement), vending machine break-ins, and organised gang theft.

Sentencing Range

Simple theft carries imprisonment of up to five years or a fine. For low-value items, proceedings may frequently be discontinued under Sections 153 or 153a StPO. Especially serious cases (Section 243 StGB) carry imprisonment from three months to ten years. Residential burglary (Section 244(4) StGB) carries a minimum sentence of one year’s imprisonment.

Typical Defense Strategies

Defense against theft charges addresses various points: challenging the taking away (no breaking of existing custody), challenging the intent to appropriate (mere temporary use), asserting a claim to the property (no unlawfulness of appropriation), exclusion of evidence from unlawful searches, negotiating discontinuation of proceedings for low-value items or first-time offenders, and compensation for damage to mitigate sentencing.

Typical case groups in theft (§ 242 StGB)

Whether shoplifting, taking from the till at work or among friends – the range is wide, and the defense starts at a different point each time. For low values a discontinuation is often realistic; for aggravated examples, severe penalties loom.

Shoplifting and items of low value

Classic shoplifting often concerns items of low value within the meaning of § 248a StGB. Here the offence is prosecuted only on application or where there is a special public interest, and a discontinuation under §§ 153, 153a StPO – possibly against a monetary condition – is possible, especially for first offenders.

Theft at the workplace

Allegations against employees weigh heavily, because beyond the penalty a summary dismissal and employment-law consequences loom. Coordinating criminal defense and the employment-law situation is decisive here.

Aggravated case and residential burglary

Standard examples under § 243 StGB and residential burglary under § 244 StGB raise the sentencing range considerably. The defense examines the evidence, attribution among several participants and possible mitigations.

Penalty order or summons for theft

Many proceedings begin with a summons or end with a penalty order. Before you sign or make a statement, seek legal advice – an objection to the penalty order is possible within two weeks.

Note: This information is general and does not replace advice in an individual case.

Criminal courts in Bonn and Cologne

Proceedings in the region are usually handled by the public prosecutor’s office (Staatsanwaltschaft) in Bonn or Cologne, with penalty orders and trials before the Bonn Local Court (Amtsgericht Bonn) or the Cologne Local Court; more serious cases go to the Regional Court (Landgericht). Criminal defense attorney Philip Bafteh represents English-speaking clients at all stages – from the first letter to the trial.

Frequently asked questions

I was stopped for shoplifting – what should I do? Provide your personal details, sign nothing, and make no statement about the incident. The store’s civil claim (“Fangprämie”) is separate from the criminal case.

Is theft of low-value goods still a crime? Yes, but it is prosecuted only on application or where there is a special public interest; discontinuation is often achievable for first-time offenders.

Will I get a criminal record? An entry in the certificate of conduct normally requires more than 90 daily rates or a prison sentence.

Do I have to attend police questioning? As a suspect, no – case file review comes first.

Summons or accusation of Theft? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Theft requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.