Theft is a crime, so-called Assets, and in § of the penal code (StGB)After that, will be punished with a custodial sentence or to a monetary penalty, who takes a strange mobile thing from another with the intention of you zuzueignen or a third party unlawfully. In certain cases, a criminal complaint is required. Colloquially, we speak to the theft of-Mouth Among the most common commit point the download theft and store theft, car theft and bag theft. First of all its strange, moving thing must be taken away from another. Legally requires the removal of the fraction of foreign custody - the actual physical control, which is not to be confused with the property as the legal property, domination and the establishment of a new custody of the thing, where the new custody need not necessarily be of the own custody of the offender. The exchange of the detention must be made without the consent of the custody holder.
In addition, provided that the thief has made the removal in an unlawful dedication of intention, i.e, to have acted at the level of the subjective elements of the offence in addition to intent with the appropriation, will and expropriation will.
Illegal the claim is, if the offender has no due and undisputed appeal, for example, due to the contract in accordance with the provisions of the civil law. For the theft § of the penal code, an aggravated Penalty for especially serious cases of theft, such as burglary, commercial theft, or Church theft. However, the Offense is punishable only exacerbated when it is not a low-value thing. The small claims limit is here, even in the case of multiple Prey items in the rule with a property value of the thief in good out of a total of fifty euros. Harder than the normal theft of the criminal code of theft with weapons possession, band of theft or burglary in a dwelling-related theft be punished in accordance with section. At the definition of weapon a weapon is understood within the meaning of section one of the weapons law (weapons act), so, for example, a boot knife, brass knuckles or a gun. Not included here is, for example, small pocket knives, axes or scythes. These items can, however, as dangerous tools, also under section of the criminal code fall, when, according to their objective nature and the the specific nature of their use is likely to cause significant injury. The requirements of section of the criminal law are fulfilled book, the offender is liable to imprisonment for a term of at least six months up to ten years. It is a gang theft pursuant to section a of the criminal code and the anti-theft in accordance with section or section of the penal code is committed with a minimum of three persons jointly, from the conviction, to imprisonment for a term of one year and up to ten years in consideration. In contrast to robbery, the removal is not due to the use of force or threat to the victim.
From the fraud, the theft is different, in turn, through the deception, because of the victim to the fraudsters each thing, by itself, passes.
Facts of the case the theft is to be distinguished in addition to embezzlement according to § of the criminal code. In the case of the embezzlement of the Tatobjekt is already in the possession or custody of the offender, so he has the Commission of the offence, the actual dominion over the thing.
If the act is committed through the unlawful appropriation, i.e, in addition to the dedication will be regularly required also an objective of action or sub-let the part of the perpetrator, beyond the Tatobjekt the law of the previous owner and, in fact, even the position as the owner appropriates, in fact, he takes the thing in own possession.
This change must also be somehow objectively seen to be done. Examples: When entering in a borrowed book of his own name as the owner. The Finder decides to keep the piece for yourself A criminal offence of embezzlement referred to in section, however, only be considered if the act is not threatened already by virtue of other provisions of the penal code with serious penalty (subsidiarity clause, section, paragraph two of the criminal code). A special provision contained in section of the criminal code. Is the theft or a misappropriation of a pair is injured, the house and family theft at the request of the victim followed. The criminal complaint is to be distinguished from the criminal complaint to which the police or prosecution, only a possible, a criminally relevant behavior is communicated. In section a of the penal code, the so-called minor is anchored to the clause, which is observed both in the case of theft as well as embezzlement. After that, simple theft (to be followed§ of the penal code) or simple misappropriation (§ StGB), only on request or if there is a special public interest in prosecution. Other special offences for the theft are to be found in section b of the criminal code (unauthorized use of a vehicle) and in section c of the criminal code (deprivation of electrical energy). You have a legal Problem and are looking for a lawyer in your area who can advise you in all questions on the topic of theft in a comprehensive way. In the case of a lawyer, you can easily find the right lawyers Your Legal Problem. Lawyer - one of the leading companies in Germany for modern-day legal advice and Legal Tech. Select the desired location in your area, and you will receive a list of firms that have on the topic of theft of special knowledge. Detailed information about your selected lawyer or your chosen lawyer, you can find on the individual firm profiles.
