When does theft occur in a particularly serious case?
January 26, 2024 | 40,00 EUR | answered by Uwe Riedmüller
Dear lawyer,
My name is Christian Schmidt and I am reaching out to you with a question regarding theft in criminal law. I was recently reported for theft and I am very worried because I am not sure if my case could be classified as a particularly serious case.
The situation is as follows: I stole an expensive wristwatch from a supermarket, which is worth over 1,000 euros. I hid the watch in my bag and left the store without paying. However, when I was outside, I was caught by a supermarket employee and the police were called.
I have already received a summons for questioning by the police and I am now concerned that my theft could be classified as a particularly serious case. I have heard that this can be the case, among other things, if the theft has a particularly high value or if violence was used.
My question to you is therefore: When exactly is theft classified as a particularly serious case and what consequences could this have for me? Are there any possible defense strategies that I should pursue in this case?
I thank you in advance for your help and look forward to your response.
Sincerely,
Christian Schmidt
Dear Mr. Schmidt,
Thank you for your inquiry and trust in my expertise in criminal law. I understand that you are concerned about the potential consequences of your theft and would like to address your questions in detail.
A theft in a particularly serious case occurs according to § 243 of the German Criminal Code when certain aggravating circumstances are present. These include not only a particularly high value of the stolen item but also the use of violence or breaking into a private residence. In your case, where you stole an expensive wristwatch worth over 1,000 euros, this theft could be classified as a particularly serious case, as the value of the stolen item is above average.
The consequences for a theft in a particularly serious case are usually harsher than for a simple theft. A prison sentence of at least six months up to ten years can be imposed. It is therefore crucial that you seek professional legal assistance to defend your rights to the best of your ability.
In terms of possible defense strategies, there are various approaches that could be pursued in your case. First and foremost, it is important that you fully inform yourself about your rights and seek advice from an experienced lawyer. Your lawyer can examine whether there may be mitigating circumstances that could explain or excuse your actions. Additionally, he can assess whether there were any procedural errors on the part of the police or the prosecution that could be used to your advantage.
It is advisable that you prepare for the summons for questioning by the police and have your lawyer accompany you. Together, you can develop a strategy on how to best respond to the investigators' questions and protect your rights.
I hope this information is helpful to you and I am available for any further questions you may have. I wish you all the best and success in handling your case in this difficult situation.
Sincerely,
Uwe Riedmüller, Attorney at Law
