Criminal defense for Shoplifting of Low-Value Items in Bonn

In brief: Taking movable property of another with intent to appropriate; on complaint only where the value is low. The sentencing range is Up to 5 years imprisonment or a fine; on complaint only where the item is of low value (Section 248a StGB) (§§ 242, 248a StGB). What matters is the evidence – we assess it after obtaining the case file.

Legal Basis

§§ 242, 248a StGB

Sentencing Range

Up to 5 years imprisonment or a fine; on complaint only where the item is of low value (Section 248a StGB)

Summary

Taking movable property of another with intent to appropriate; on complaint only where the value is low.

Shoplifting is the mass offence of German property law. Legally it is theft under Section 242 StGB; what makes it distinctive is Section 248a StGB, which requires a formal complaint where the item is of low value. That single provision decides the outcome of a great many cases.

The offence

Section 242 StGB requires taking away movable property belonging to another with the intention of unlawfully appropriating it. The range is up to five years of imprisonment or a fine. What matters is the change of custody. For small items the courts treat putting something into clothing or into a bag brought along as sufficient, even inside the shop, because the customer thereby creates a custody enclave of their own. Placing goods in the shopping trolley, by contrast, is generally not yet a completed theft.

Section 248a StGB: items of low value

Where the item is of low value, the offence is prosecuted only on application, unless the prosecuting authority assumes a particular public interest. The courts draw the value line at around 50 euros; some go higher. Two things follow. If the shop files no complaint, or withdraws it, the case usually ends there. And if the prosecution does assume a public interest, that assumption has to be reasoned and can be challenged.

How these cases end

For first-time suspects and low values, discontinuation under Section 153 StPO is the normal route; where the value is higher or there are previous entries, discontinuation subject to a payment under Section 153a StPO. Neither appears in a certificate of good conduct. Often a penalty order of 20 to 40 daily units is issued first; an objection under Section 410 StPO then opens the way to a discontinuation.

What runs alongside

The shop almost always demands a detention fee and issues a ban from the premises. Both are civil matters and do not follow the criminal case automatically. For retail employees, suspicion alone can support dismissal; for civil servants it can trigger disciplinary proceedings. For non-German nationals a conviction has consequences under residence law.

Anyone stopped by a store detective must give their personal details. Nobody has to say anything about the substance, including in the so-called interview in the back office. Signing pre-drafted statements is the most common avoidable mistake.

Summons or accusation of Shoplifting of Low-Value Items? What matters now

Two things matter immediately: say nothing to the police about the allegation – you are never obliged to – and have your defense obtain the investigation file first. In detail: your rights as an accused person, responding to a police summons.

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 assess the evidence, look for procedural errors and negotiate with the prosecution about a discontinuation.

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.