Ask a lawyer on the topic of Criminal law

Shoplifting six years ago and again yesterday.

March 15, 2010 | 20,00 EUR | answered by Andreas Scholz

I am 30 years old, employed, living in Munich, and have no prior criminal record.

In 2004, I stole a teeth whitener worth 11,- EUR as a "dare." I got caught! Embarrassing! But the case was dropped after I paid 150,- EUR to a public institution under paragraph 153 a. As far as I know, this record should be deleted (at least) from the "public prosecutor's central register" after 2 years, right? The police database will still keep the record, correct?

However, yesterday I committed a real stupidity... Last Friday, I found out that I might face termination due to the economic situation, along with very large financial burdens. My parents are both deceased, so I have no one to turn to in my time of need, and my overdraft facility is also exhausted.

In any case, I wanted to surprise a friend at Harlaching Hospital with some makeup, perfume, and candy. I acted on a stupid impulse and stole these items worth (I believe it was around 55,- EUR)... and of course, I got caught again!!

What can I expect now? Has the first offense from 2004 (dropped under paragraph 153 a) possibly been completely erased from the public prosecutor's record, so that I am considered a "first-time offender"...? Would sending an apology letter (explaining motives, circumstances, etc.) that I have already drafted and would like to send to the Munich public prosecutor's office help?

Since I suffer from depression at times, triggered by the death of my parents, I am undergoing psychological treatment with Dr. Radka Cerny in Schwabing, Munich! (Would a medical certificate help in this case?)

Could I possibly obtain a dropping of charges under paragraph 153 a in my case again? What are the chances of achieving a dismissal in this situation? I definitely do not want a criminal record in the BZR!!! Is there a way to avoid a penalty or a fine...??

I am totally desperate and devastated... I am very ashamed and deeply regret this offense!!!

I do not want to spiral downward because of this one foolish act...?

Could you please call me if possible...?

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Andreas Scholz

Dear questioner,

The act of 2004 was deleted after two years according to § 494 StPO.

The new act fulfills the elements of theft. Considering the value of the object, it is no longer considered a low-value item, so the public prosecutor's office should have investigated upon becoming aware of the act. It is not certain whether the public prosecutor's office will proceed with an indictment or a penalty order. A suspension according to § 153a StPO is not unlikely, but you should signal early on that you are willing to fulfill conditions. An apology letter is certainly very helpful in this context. If investigations are opened, you will be informed through a summons for a hearing at the police station or the public prosecutor's office.

I hope this information helps. If you have any questions, feel free to ask.

Kind regards,

Andreas Scholz, Attorney