What penalties are imposed for theft?
April 16, 2022 | 55,00 EUR | answered by Lina Strauss
Dear lawyer,
My name is Zofia Schenkenberg and I have a question regarding theft. Some time ago, I was caught shoplifting and now I am worried about what penalties I may face. I committed the theft because I am in a financially difficult situation and urgently needed money. I deeply regret my actions and would like to know what to expect now.
The current situation is that I was caught by a store detective and the police were called. I was arrested on the spot and questioned. Now I am expecting to be charged and I wonder what consequences I could face. I have already read online that theft can be punished with fines or even imprisonment depending on the value of the stolen goods. This is causing me great fear and I would like to know what I can do now to mitigate or prevent the possible penalties.
My concern is that due to my financial situation, I may not be able to pay high fines. Furthermore, I fear that a prison sentence could greatly impact my professional future and my entire life. Therefore, I ask for your advice and would like to know what options are available to minimize or mitigate the consequences of my theft.
I thank you in advance for your help and am available for further information at any time.
Sincerely,
Zofia Schenkenberg
Dear Mrs. Schenkenberg,
I understand your concern and would like to help you better understand the situation. First of all, it is important to know that theft is punishable under § 242 of the German Criminal Code (StGB) and depending on the value of the stolen goods, can be punished differently. In the case of simple shoplifting, that is theft without burglary or the use of violence, it is usually considered as theft of low value, which can result in a fine or a prison sentence of up to five years.
In your case, since you committed the theft due to financial difficulties, you may possibly hope for mitigating circumstances. This means that the court can take into account that you were in a desperate situation and did not commit the theft out of greed. Therefore, the punishment may be lower accordingly.
It is also important to know that as a suspect, you have the right to be represented by a lawyer. An experienced lawyer can advise you on all legal matters, represent your rights, and help you develop the best defense strategy possible. It may be advisable to consult a lawyer early on to represent your interests as effectively as possible.
Furthermore, it could be helpful if you show remorse and actively try to make amends for the damage. Often, apologizing to the victim or returning the stolen goods can have a positive impact on the severity of the punishment.
Regarding your financial situation, it may be advisable to disclose your financial situation to the court as part of the sentencing. The court may take this into consideration when determining a fine.
Overall, it is important that you recognize the seriousness of the situation and take active steps to minimize the consequences of your actions. Do not hesitate to consult a lawyer in a timely manner and develop a strategy together to achieve the best possible results.
I hope that this information is helpful to you and I am available for further questions.
Sincerely,
Lina Strauss
