Definition and Meaning of House Theft
House theft is a term from criminal law, used colloquially to describe theft committed within residential premises or buildings used for residential purposes. However, the term ‘house theft’ is not an independent legal definition in the German Criminal Code (StGB), but is frequently used to describe acts of theft that occur within the privacy of one’s own four walls. House theft is particularly distinguished from thefts committed in publicly accessible or commercial premises.
Legal Classification of House Theft
Theft pursuant to Section 242 StGB
House theft is generally subsumed under the general offense of theft according to Section 242 StGB. According to this provision, anyone who unlawfully takes movable property belonging to another with the intent to appropriate it for themselves or a third party is criminally liable. The physical location—the ‘house’—does not matter for the basic offenses, but may be relevant for certain qualifying factors.
Object of the Theft
In addition to the residential connection, all elements of theft must be fulfilled for an act to qualify as house theft:
- Object: a movable item belonging to another
- Taking: breaking someone else’s custody and establishing new possession
- Intent to appropriate
- Illegality of the appropriation
Qualifications and Special Features
Particularly Serious Case: Burglary (§ 243 para. 1 sentence 2 no. 1 StGB)
Theft from residential premises is regularly punished more severely if it is committed by breaking in, climbing in, sneaking in, or using a false key. In the case of house theft, the qualification of residential burglary pursuant to § 244 para. 1 no. 3 sentence 2 StGB is particularly relevant if the act of appropriation takes place within a private (residential) area (apartment, house).
Residential Burglary (§ 244 StGB)
The legislator considers residential burglary to be a particularly reprehensible act, as it interferes with the undisrupted, private living environment of the victims. Since the tightening of the law, even an attempt is punishable and the minimum sentence has been increased (at least one year of imprisonment)—as opposed to simple theft (imprisonment of up to 5 years or a fine).
Theft by Household Members
If a theft is committed within a domestic community (e.g., among roommates or family members), it is referred to as “household member theft”. In these cases, special requirements for filing charges apply according to § 247 StGB. Prosecution is usually initiated only upon application in order to avoid unnecessary criminal proceedings within close social circles.
Penalties and Legal Consequences
- Simple House Theft (§ 242 StGB): A fine or imprisonment for up to 5 years.
- Particularly Serious Case (§ 243 StGB): Imprisonment from 3 months up to 10 years.
- Residential Burglary (§ 244 StGB): Imprisonment of at least 1 year.
In less serious cases, the court may reduce the sentence. If the burglary is committed by a gang or with the use of a weapon, even higher sentencing ranges apply (§ 244a StGB).
Distinguishing House Theft from Other Criminal Offenses
Difference to Trespassing (§ 123 StGB)
House theft differs from trespassing (§ 123 StGB), in which the focus is on unlawfully entering a house or residential premises as a punishable act. Theft inside the house requires the removal of an item, whereas trespassing punishes only the infringement of house rights. Both offenses may, but do not have to, occur together.
Distinction from Robbery (§ 249 StGB)
If violence or threats are used during the act of taking property in a house, the elements of robbery (§ 249 StGB) or aggravated robbery (§ 250 StGB) may be fulfilled. The means of committing the crime—’violence against a person’—decisively differentiates robbery from house theft.
Theft and Embezzlement
If there is no taking (i.e., the perpetrator already has custody of the item), for example through handover of keys, the facts may constitute embezzlement (§ 246 StGB) in individual cases but not house theft.
Procedural Particularities in House Theft
Filing Charges and Criminal Prosecution
For thefts among household members, family members, or in the context of domestic communities, a criminal complaint is required (see above). In other cases, prosecution can proceed ex officio.
Problems with Evidence
In practice, proving house theft committed by roommates or visitors is often difficult, as the parties typically have access rights to the premises and objective evidence of appropriation is hard to obtain.
Preventive Measures and Protection against House Theft
House theft can be made more difficult through various preventive measures:
- Mechanical security (doors, windows, locks)
- Electronic security systems (alarm systems)
- Neighborhood assistance and social control
Crime prevention measures play a central role, especially where burglaries or thefts within private households occur more frequently.
International Law and House Theft
Other legal systems have similar, though sometimes differently structured, regulations regarding burglary and house theft. However, the basic principle of extensive protection of private residential space is widespread internationally.
Literature and Further Links
- Criminal Code (StGB), §§ 242 et seq.
- Act to Improve Protection against Residential Burglary, Federal Law Gazette 2017 I 872.
- Case Law of the Federal Court of Justice on Residential Burglary.
House theft constitutes a serious criminal offense, particularly impacting the protected, private retreat of those affected. By distinguishing it from similar offenses, the term gains specific legal significance and is specially protected by various aggravating provisions.
Frequently Asked Questions
What are the legal consequences of house theft?
House theft falls under the criminal offense of theft pursuant to § 242 StGB (Criminal Code). If the theft is committed from residential premises, this can constitute a particularly serious case under § 243 para. 1 no. 1 StGB, punishable by imprisonment from six months up to ten years. The court will especially consider breaking into a permanently used private apartment by overcoming special security measures, such as breaking open doors or windows. In addition to imprisonment, aggravating circumstances—such as the commission of the offense by a group, a significant value of the stolen goods, or the use of force—are taken into account in the sentencing phase. A fine is generally excluded in particularly serious cases. Offenders can also be obligated to pay damages and compensation for pain and suffering if the victim has a corresponding civil law claim.
When does an act qualify as house theft in a legal sense and not merely as trespassing?
In the legal sense, for an act to qualify as house theft, the central element must be the appropriation of someone else’s movable property. Trespassing alone is not sufficient, as it only penalizes the unauthorized entry or presence in residential premises under § 123 StGB. House theft always occurs when the perpetrator enters or remains in the protected area (house or apartment) without authorization and removes someone else’s movable property with the intent to appropriate it. Without the act of appropriation, only trespassing—not theft—is present. Both offenses, however, can exist side by side if both actions are fulfilled.
Are there differences in sentencing between house theft and burglary?
Yes, there are significant differences. While simple theft under § 242 StGB carries a sentence of up to five years’ imprisonment or a fine, burglary into a permanently occupied private residence under § 244 para. 1 no. 3 StGB is always considered a particularly serious case. Here, a minimum sentence of one year in prison is threatened. The penalty is increased due to the special need to protect private residences and the associated heightened risk to the residents’ privacy. Furthermore, sentences are further increased in cases of armed burglary or offenses committed by a group pursuant to § 244a StGB (imprisonment from one to ten years), in which case a suspended sentence is typically excluded.
How does the amount of damage affect criminal penalties for house theft?
The amount of damage significantly affects sentencing by the court. For items of low value, prosecution may be waived under certain circumstances (§ 243 para. 2 StGB in conjunction with § 248a StGB), such as in the case of so-called ‘petty theft’ (value limit currently about 50–100 euros, depending on local case law). If the value limit is exceeded, the particularly serious case regularly applies, which can lead to severe prison sentences. If there is substantial economic loss, a particularly serious case under § 243 para. 1 StGB is also assumed. In addition, the court can affirm civil law claims for damages and compensation in cases of very high loss.
What evidence is admissible and usual in criminal proceedings for house theft?
Various forms of evidence are admissible in criminal proceedings to prove house theft in court. Common and admissible evidence includes witness testimony (such as from neighbors, roommates, or accidental bystanders), the victim’s statement, and physical evidence, including traces from the crime scene such as fingerprints, DNA traces, tool marks at entry points, and video surveillance footage. Stolen items found with the perpetrator are also important physical evidence. Additionally, statements by the accused and any confessions are of great importance. Electronic data, like communication or location data from mobile networks, may be used to support the case but must be collected in strict compliance with data protection requirements.
Can residents assert civil claims against the perpetrator in case of theft?
In addition to the criminal prosecution of the perpetrator, victims may assert civil law claims. According to § 823 BGB (Civil Code), they generally have a claim for damages, particularly for the replacement value of the stolen item. If the act results in other non-material damages, such as psychological distress, compensation for pain and suffering may also be claimed under § 253 BGB. To successfully enforce these claims, the victim must prove the conduct of the perpetrator and the amount of damages. A final criminal conviction often has a preliminary effect but is not strictly required for civil law claims.
What is the statute of limitations for house theft?
The criminal prosecution of house theft in Germany is generally subject to a regular statute of limitations of five years according to § 78 para. 3 no. 4 StGB for offenses punishable by up to five years’ imprisonment or a fine. In particularly serious cases, such as burglary or armed theft, the statute of limitations increases in line with the maximum penalty to ten or even twenty years (§ 78 para. 3 no. 3 or no. 2 StGB). The limitation period begins on the day the offense is committed. The period can, however, be suspended by certain interrupting events, such as the filing of formal charges.
