From when is it considered robbery and what penalties are provided for it?
July 20, 2024 | 50,00 EUR | answered by Uwe Riedmüller
Dear lawyer,
I am reaching out to you as I have found myself in a situation that has left me feeling very anxious. My name is Rolf Köhler, and recently I was involved in an incident where I have been accused of committing robbery. However, I am not sure at what point exactly robbery comes into play and what penalties are involved.
The situation was as follows: I was in a supermarket and had purchased some groceries. When I went to pay at the checkout, I realized that I had forgotten my wallet at home. I did not have any cash on me and was unable to settle the bill. In my desperation, I put the groceries in my backpack and left the supermarket without paying.
I am now being accused of committing robbery because I took the groceries without payment. I am very worried about the penalties I may face and whether I have committed an offense. I am unsure if my actions would actually be considered robbery or if it falls under a different legal category.
Could you please explain to me at what point exactly robbery is considered and what penalties are involved? Are there any possible solutions or defense strategies that I should consider in this case?
Thank you in advance for your help and support.
Sincerely,
Rolf Köhler
Dear Mr. Köhler,
I understand your uncertainty in this situation and would like to help you further. First of all, I would like to explain to you when exactly robbery is considered and what penalties are provided for it.
Robbery is defined in accordance with § 249 of the German Criminal Code (StGB) as the taking of movable property belonging to another person by force or by threat of force in a robbery. In your case, you took the groceries without paying for them, but you did not use force or threaten with force. Therefore, in your case, it is not considered robbery, but rather the criminal offense of theft under § 242 of the StGB.
The penalty for theft can vary depending on the amount of damage caused and the individual circumstances of the case. In your case, involving groceries, the penalty may be relatively lenient. Possible penalties range from a fine to a prison sentence of up to five years.
Regarding possible solutions or defense strategies in your case, I advise you to promptly seek the advice of a lawyer. A lawyer can provide you with legal advice in this matter and support you in defending yourself in court. An out-of-court settlement with the supermarket or an apology and repayment of the damage caused may be considered.
It is important that you do not make any statements before speaking with a lawyer to protect your rights. Legal advice can help you develop the best defense strategy for your case.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Uwe Riedmüller
