What is Theft?
Simply put, theft is deliberately taking something that belongs to someone else, without having the right to do so. The person who commits theft must have had the intention to steal something that belongs to another. Theft can include:
What is the Difference between Theft and Embezzlement?
The difference between theft and embezzlement is that a thief takes away the property, while an embezzler already has the property in their possession legally. An example: when you take a book from a library without permission, it’s theft. When you borrow the same book from the library and then deliberately don’t return it, it’s embezzlement.
What is the Difference between Theft and Fencing?
Theft involves someone intentionally taking something that belongs to someone else, without having the right to do so. A thief will often want to resell the stolen goods to make quick money. To combat theft, the legislator has made fencing a punishable offense. Fencing occurs, among other things, if you acquire, possess, or transfer goods while at the time of obtaining those goods you knew (or should have known) that the goods were obtained through a crime. So if you buy a bicycle that you know is stolen, you are guilty of fencing. But this is also the case if you buy a bicycle for 30 euros from a homeless person, which turns out to be stolen. In that case, you should have suspected that the bicycle would be from a crime.
What Punishment Can You get for Theft?
In the case of ‘simple’ theft, the court can impose a prison sentence of four years or a fine of over €20,000. Theft can take place in various forms and in diverse ways. The severity of the sentence you may receive will depend heavily on the manner in which the theft was committed.
What are aggravating circumstances?
The Penal Code provides for various aggravating circumstances. These forms of “qualified theft” carry higher statutory maximum sentences. Examples include:
- theft committed in association with one or more other persons;
- theft committed in a dwelling which was entered unlawfully (without the consent or knowledge of the rightful owner);
- theft involving breaking and entering, forcing locks, or climbing in: This can mean forcing the lock of a door, breaking open a box, or climbing in through an open window.
These and other circumstances increase the statutory maximum sentence from four to six years.
When violence is used during the commission of a theft, the sentences can escalate even further. This occurs when violence is used or threatened before, during, or after the theft, to ensure that you can flee or to secure possession of the stolen item. When this, in turn, is accompanied by one of the aforementioned aggravating circumstances, the sentences increase even more. These are just a few examples of the various circumstances surrounding theft that can lead to a higher sentence. However, a higher sentence can only be imposed if it can also be proven that these circumstances occurred. We can investigate for you whether aggravating circumstances play a role in your criminal case and whether these can be proven. Please feel free to contact us.
Why Hire a Lawyer if You are Suspected of Theft?
A conviction for theft can affect your future. For example, you may have problems obtaining a Certificate of Conduct (VOG). If you are suspected of theft, it is therefore advisable to contact an experienced criminal defense lawyer at the earliest possible stage. Your lawyer can investigate whether special circumstances play a role in your criminal case. Based on your case file, we will look for the best defense strategy in your criminal case. This can prevent unpleasant consequences in the future. You can contact us without obligation to discuss the possibilities in your criminal case.
Have You Received a Settlement Proposal or Penalty Order?
In case of theft, the Public Prosecution Service will often choose not to present your criminal case to a criminal judge, but to handle the case themselves. This can be done through a settlement proposal or a penalty order. It is also possible that you will be invited for a Public Prosecution Service hearing. In all these cases, you risk getting a criminal record. Your lawyer may be able to prevent these adverse consequences. Please contact us without obligation at the earliest possible stage.
