Definition and Meaning of Robbery-Theft
The term “robbery-theft” refers to a distinct criminal offense under German criminal law and is regulated in Section 252 of the German Criminal Code (StGB). It represents an intersection between theft and robbery and constitutes an aggravated form of theft, in which—after completion of a theft—violence against a person or threats of present danger to life or limb are used in order to secure the taking or possession of the loot. Thus, robbery-theft combines two core elements: the theft act and robbery means.
Legal Regulation under Section 252 StGB
According to Section 252 StGB, anyone who, “having been caught in the act of theft, uses force against a person or threatens present danger to life or limb in order to maintain possession of the stolen goods,” is liable to prosecution. Here, the legislature does not privilege the offense as with simple theft but provides for penalties similar to robbery, since the criminal energy is considered significantly higher due to the use of force or threat compared to simple theft.
Elements of Offense under Section 252 StGB
1. Prior Offense: Completed Theft
A key requirement is a completed theft under Section 242 StGB. Completion occurs when the perpetrator has taken a movable object belonging to another, meaning they have established their own possession.
2. Caught in the Act
The perpetrator must be “caught in the act.” This means that the perpetrator is perceived by another person during the act itself or immediately thereafter. The act is considered fresh as long as there is a connection between the crime, its discovery, and the flight. A short time span after the crime is generally sufficient, provided that the flight is still visibly linked to the criminal act for the discoverer.
3. Use of Force or Threat of Present Danger to Life or Limb
The perpetrator must use force against a person or threaten with present danger to life or limb. The use of violence or threat must specifically serve to secure possession of the loot, facilitate escape, or secure the completion of the crime. The use of force does not have to be particularly significant—even a brief push or shove may suffice. The threat must be of a nature likely to instill fear in the victim of an imminent and considerable danger to their physical integrity or life.
4. Causal Link
There must be a close temporal and factual connection between the theft, being caught in the act, and the use of force or threats. The force or threat must be specifically used to secure the loot or enable escape.
Distinction from Robbery (Section 249 StGB)
The main difference between robbery-theft (Section 252 StGB) and robbery (Section 249 StGB) lies in the timing of the use of force or threats. In robbery, force is used before or during the taking of the stolen goods, whereas in robbery-theft, the taking has already been completed, and force is used only afterwards to secure possession. The focus is on protecting against subsequent escalation once the taking is already complete.
Attempt, Participation, and Sentencing
Attempt and Completion
An attempt of robbery-theft is generally possible if the perpetrator is caught in the act after a theft and tries to secure possession by force or threat, but fails due to external circumstances.
Participation
Participation in robbery-theft, such as by incitement or assistance, is punishable. This requires that the participant is aware of the circumstances of the robbery-theft or at least accepts them knowingly.
Sentencing
Robbery-theft is punished, like robbery, with imprisonment of not less than one year, in order to reflect the particular danger of the offense.
Subjective Elements
Intent is required regarding all objective elements of the offense. The perpetrator must consciously and deliberately use force or threats to secure possession. Conditional intent, i.e., acceptance of the possible consequences, is sufficient.
Concurrence and Relationship to Other Offenses
Relationship to Robbery
In practice, distinguishing between robbery and robbery-theft is often significant. The critical factor is the timing of the use of force: If force is used to enable the taking, it is robbery; if used to secure already obtained stolen goods, it is robbery-theft.
Multiple Offenses and Legal Concurrence
If there is a single sequence of events, robbery-theft regularly absorbs other accompanying offenses such as coercion or bodily injury crimes. However, robbery-theft must be clearly distinguished from classic robbery-extortion offenses.
Current Jurisprudence and Interpretation
Case law places importance on a precise interpretation of the term “caught in the act.” The Federal Court of Justice (BGH) emphasizes that quick discovery while fleeing after the theft is sufficient. Another current issue concerns the scope of the use of force, with even minor actions potentially fulfilling the offense.
Legal Consequences and Defense Options
Due to the high penalties, precise classification and distinction from related offenses is of great practical importance. Legal examination of possible grounds for justification or excuse, in particular self-defense, must always be conducted.
Summary
Robbery-theft constitutes a highly relevant interface between theft and robbery and is characterized by the use of violence or threats to secure the loot already taken. The threat of punishment is correspondingly severe to take account of the increased risk posed to the life and limb of third parties. Accurate differentiation, especially from robbery, and the assessment of the specific prerequisites in each individual case are central to correct legal evaluation.
Sources:
- Criminal Code (StGB), especially Section 252
- BGHSt 34, 359 ff.; BGH NStZ 2010, 93
- General commentaries on criminal law (e.g., Fischer, StGB)
This article provides a scientifically-based overview of robbery-theft, its legal classification, and key aspects under German criminal law.
Frequently Asked Questions
When does robbery-theft within the meaning of Section 252 StGB occur?
Robbery-theft under Section 252 StGB occurs when a person is caught in the act of theft and—to retain possession of the loot—uses force against a person or compels them by threat of present danger to life or limb. It is required that a completed theft within the meaning of Section 242 StGB has first occurred—that is, an object belonging to another is taken with intent to appropriate. The acts of violence or threats must be in direct connection with the theft or the securing of the stolen goods. The decisive factor is the so-called “being caught in the act,” which means that the perpetrator is encountered at or immediately after the act or during pursuit at the scene of the crime. Violence or threats are then used to secure the taking or to facilitate escape. If these circumstances are present, the offense qualifies as robbery-theft, which is punished more severely than ordinary theft.
How does robbery-theft differ from robbery?
Although both robbery (Section 249 StGB) and robbery-theft (Section 252 StGB) combine theft and robbery elements, they differ in the timing of the use of violence or threats. In robbery, the perpetrator uses force against a person or threatens present danger to life or limb already to obtain the loot—that is, to overcome property protection. In robbery-theft, by contrast, the use of force or threat only takes place after the theft has been completed, i.e., after the perpetrator has appropriated the object, and serves primarily to secure the loot or prevent access by others. Another difference is that in robbery-theft the victim must have caught the perpetrator “in the act,” whereas this is not necessary in robbery.
What does “caught in the act” mean in the context of Section 252 StGB?
The term “caught in the act” is an essential element of Section 252 StGB. It means that the perpetrator, during or immediately after committing a theft, is encountered at the scene of the crime or its immediate vicinity by a third party—usually the owner, a witness, or the police. What matters here is the “fresh act,” i.e., the temporal and spatial proximity to the prior offense, so that it can still be considered an ongoing event. Typically, this condition persists as long as the perpetrator is still in possession of the loot and there is a direct link to the theft. If the perpetrator has been gone for some time or the loot has been secured and stored, this condition is generally no longer met.
Is an attempted robbery-theft punishable?
An attempted robbery-theft is generally punishable. This occurs when the perpetrator, after the taking, attempts to maintain possession of the stolen goods by means of violence or threat but does not achieve this aim, for example, because he is stopped while using force or threat. The prerequisite for an attempt is the direct commencement of the act of violence or threat and the intent regarding both the theft and the qualifying act of coercion. The attempt is punishable under Section 23 StGB; this means that lighter penalties can be imposed than for a completed offense.
What is meant by “force against a person or by threat of present danger to life or limb”?
Force against a person within the meaning of Section 252 StGB includes all physical, direct or indirect, coercive actions against another person designed and suitable to overcome resistance or to prevent the victim from recovering the loot. This includes, for example, pushing, hitting, restraining, or pressing the victim to the ground. Threat of present danger to life or limb refers to the explicit or implied announcement of harm that is imminent and likely to instill seriousness and fear in the victim should they resist the perpetrator’s will. It is not necessary for the danger to actually materialize; rather, it suffices that it appears real to the victim.
What penalties does the law provide for robbery-theft under Section 252 StGB?
According to Section 252 StGB, robbery-theft is punishable by imprisonment of not less than one year, which classifies it as a felony under German criminal law. This reflects the serious unlawful and dangerous nature of the offense. In less serious cases, imprisonment of six months to five years can be imposed. A monetary fine is not possible in any case. Nevertheless, the court may take the circumstances of the individual case into account in sentencing and thus determine the length of imprisonment. In especially serious cases, such as when the perpetrator uses a weapon or the victim is seriously injured, the provisions of Section 250 StGB (especially serious robbery) may also apply.
Can an accomplice or participant (such as an aider) be punished for robbery-theft?
Accomplices or participants—that is, instigators and aiders—can also be held criminally liable for robbery-theft if they take part in the commission or promote the violation of legal interests. For criminal liability as an accomplice, all elements of the offense must be fulfilled together, i.e., participation in the theft and the use of force/threat for the purpose of securing the loot, or this must be covered by the plan of the offense. For the participant, it is usually sufficient to at least know of the possibility that the principal perpetrator might later use force or threats, and to agree to this or support the offense accordingly. The details of liability are governed by the general rules of Sections 25 et seq. StGB.
