Shoplifting

Definition and General Meaning of Shoplifting

The term “shoplifting” refers to the unauthorized removal of goods or items from a retail store with the intent to deprive the rightful owner of possession and to appropriate them for oneself or a third party. Shoplifting is among the most common property offenses in criminal law and represents a specific form of theft characterized by the location being a “shop” or retail store.

Legal Classification of Shoplifting

Criminal Law Fundamentals

Shoplifting is regulated in German criminal law under Section 242 of the Criminal Code (StGB) as “theft.” According to Section 242 (1) StGB, anyone who unlawfully takes movable property belonging to another with the intent to appropriate it for themselves or a third party is liable to prosecution. The offense thus encompasses all necessary elements and applies regardless of the nature of the item stolen.

Objective Elements of the Offense

Object of the Offense: Any tangible, movable object that belongs to another (e.g., merchandise on a store shelf). Act of the Offense: Taking away, that is, the breach of another’s existing custody and establishment of new, not necessarily permanent, possession. Location of the Offense: Typically in publicly accessible sales areas of a store.

Intent to Appropriate: The perpetrator acts with the intention of appropriating the stolen goods for themselves, at least temporarily, and permanently depriving the true owner. Illegality: The intent to appropriate must be objectively unlawful.

Shoplifting can be classified as a particularly serious case within the meaning of Section 243 StGB, for example when: a break-in or additional security system is overcome to execute or enable the offense, tools or means (e.g., specially prepared bags) are used to facilitate the offense, an item of significant value is stolen.

The penalty range increases in the case of a particularly serious offense: imprisonment from three months up to ten years.

Triviality of the Item

If the value of the stolen goods is less than 50 euros, the shoplifting may be treated as “theft of low-value items” (Section 248a StGB). Generally, the prosecution pursues such cases only upon explicit request.

Attempt and Completion

Attempt: Attempted shoplifting is punishable (Section 23 StGB). This is the case, for example, if someone has already hidden goods but has not yet left the store. Completion: The theft is complete when the perpetrator gains possession of the goods and thereby breaks the previous custody.

Peculiarities of Criminal Proceedings

In cases of suspected shoplifting, store employees or security personnel regularly detect the offense and report it to the police. The police file a criminal complaint and initiate an investigation. The public prosecutor’s office then decides whether to initiate criminal proceedings or to discontinue the case.

Civil Law Aspects in Shoplifting

Ban from Premises and Compensation for Damages

Affected retailers are entitled to impose a ban from the premises on suspected individuals. Furthermore, a claim for damages may arise, for example, for damaged goods or additional expenses, such as for security personnel.

Contractual Penalty and Cease-and-Desist Declaration

Many retailers, in addition to filing a criminal complaint, demand a contractual penalty and the signing of a cease-and-desist declaration with a penalty clause. An effective agreement is required for this. The demanded contractual penalty is intended to prevent future thefts.

Prevention and Legal Consequences

Repressive Measures

In practice, video surveillance, surveillance by detectives, and electronic security systems are used to prevent and investigate shoplifting.

Consequences for First-Time and Repeat Offenders

First-time offenders: Usually, fines, community service orders, or dismissals subject to certain conditions are imposed, especially when the stolen items are of low value. Repeat offenders and particularly serious cases: Prison sentences or suspended sentences are possible.

Entry in Criminal Record Certificate

A legally imposed penalty for shoplifting can result in an entry in the criminal record certificate if the value of the penalty exceeds certain limits or in cases of repeated or serious offenses.

Shoplifting and Juveniles

Juveniles are subject to the Juvenile Court Act (JGG) in cases of shoplifting. Sanctions range from educational measures to juvenile arrest. The aim is generally an educational effect, not the punishment itself.

Statistics and Social Relevance

Shoplifting causes significant economic losses in retail every year. In addition to the immediate loss of goods, costs arise for security measures, personnel, and legal protection. The clearance rate is comparatively high, as many offenses are discovered in the act.

Summary

Shoplifting is a special form of theft that is of significant practical importance in retail stores. The legal assessment is based on the general requirements of theft pursuant to Section 242 StGB, but differentiates according to severity, value of stolen goods, and specific offenders, such as juveniles. In addition to criminal consequences, civil claims may also arise. Combating this type of offense is carried out by both preventive and repressive measures.

Frequently Asked Questions

What happens after a shoplifting charge?

After a report of shoplifting, the police usually initiate an investigation against the accused person. Officers first record the person’s details, conduct an interview, and secure evidence, such as surveillance videos or recovered goods. The report and all relevant documents are forwarded to the competent public prosecutor, who checks whether there is sufficient evidence to file charges. Depending on the suspicion, a summons for police questioning of the accused may follow. In the case of minors, guardians are also informed. The public prosecutor’s office then decides whether to discontinue the proceedings, file charges, or offer a penalty order. If charges are brought, the matter is tried in criminal court, where the accused may defend themselves. Discontinuation of proceedings, especially for first-time offenders or minor offenses (e.g., payment of a fine), is possible. For repeat or serious offenders, a trial is more likely.

What penalties can be expected for shoplifting?

Shoplifting is prosecuted in Germany as “theft” under Section 242 of the German Criminal Code (StGB). The possible penalty depends on various factors, such as the value of the stolen goods, presence of prior convictions, and the specific circumstances of the offense. For first-time offenders and minor damage (so-called “petty theft”), proceedings can often be discontinued against payment of a fine. Otherwise, a fine is imposed, calculated by daily rates. In the case of particularly serious or repeated thefts, the court can impose prison sentences of up to five years; in especially severe cases—such as organized offences or use of violence—even higher penalties are possible. An entry in the police criminal record certificate is generally expected from a fine of 90 daily rates.

Can a ban from the premises be issued after shoplifting?

Yes, store owners or their authorized representatives can issue a ban from the premises after suspicion of theft. This ban is legally effective as an exercise of the right to the premises. It does not require any particular form and can be issued verbally or in writing. The ban can be limited in time or unlimited and requires the person concerned to stay away from the business in the future. Violations of an imposed ban can be prosecuted as unlawful entry under Section 123 StGB. Lifting a ban once imposed is at the sole discretion of the store owner.

Can a criminal entry for shoplifting appear in the criminal record certificate?

An entry in the police criminal record certificate is made after a criminal conviction if the fine exceeds 90 daily rates or if a custodial sentence of more than three months is imposed. If the proceedings are discontinued, the certificate remains unmarked. First-time offenders who are sentenced to a lower penalty or whose proceedings are discontinued under conditions usually do not have to fear an entry. However, the offense remains on file with law enforcement authorities and may be considered in the event of further offenses. Special regulations apply for juveniles and young adults under the Juvenile Court Act (JGG), which generally result in a lower likelihood of entry.

Does payment of a damages claim have civil law consequences?

If, in connection with shoplifting, a claim for damages (such as a so-called “processing fee” or “extended damages”) is asserted by the store owner or a security company, this constitutes a civil law claim. Whether and to what extent such claims are lawful is disputed and assessed differently by German courts. In principle, costs such as for placing and removing goods can only be claimed under certain conditions. Payment of such claims does not directly affect the criminal proceedings, but may be positively considered by the prosecution or the court in assessing restitution.

Can juveniles and young adults be punished differently than adults?

Yes, for juveniles (14 to 17 years) and young adults (18 to 20 years), the provisions of the Juvenile Court Act (JGG) apply, which in German law prioritize educational measures. For juveniles, corrective measures such as educational orders, judicial warnings, community service, and, in serious cases, juvenile detention are possible. The requirements for an entry in the criminal record certificate are stricter than for adults. For young adults, the court may decide whether juvenile or adult criminal law applies, depending on the individual’s development and the nature of the offense.

Can witnesses be required to testify against the accused?

Yes, store detectives, store employees, and other witnesses are generally obliged to testify in criminal proceedings, unless they have special rights to refuse testimony (e.g., relatives of the accused). If witnesses are summoned, they must appear and testify before the police, the public prosecutor, or the court. If they refuse to testify without justified reason, a fine may be imposed or they may even be forcibly brought in. Testimonies of witnesses serve as important evidence for the court to clarify the facts of the case.