“Truly rich is the man who cannot say for certain whether he has been robbed or not.”
Konstantin Melikhan
The German Criminal Code (Strafgesetzbuch, StGB), in particular its 19th chapter, provides for criminal liability for theft (Diebstahl). Sections §§ 242–248a StGB describe the unlawful acts and the penalties attached to them. So what exactly is theft? What does the legislator mean by the term? Theft is the secret taking and appropriation of someone else's property or object — that is, the intention to bring that object entirely under one's own control, to take possession of it, to use it for oneself and to pass it off as one's own. For theft, the law provides for a prison sentence of up to 5 years or a fine (Geldstrafe).
Many of our compatriots, as well as travelers from other countries who visit Germany as tourists, consider it a thoroughly reliable and safe country. They attach little importance to the fact that cases of petty and major theft from private homes, apartments and hotels have risen considerably in recent years. Experts acknowledge that most of these crimes are committed by “traveling offenders” — criminals who come from abroad and regard burglary as a particularly “attractive line of work” with low risk and high returns. Michael Rauschenbach, head of Europol's organized crime unit, points out that professional gangs have a virtually inexhaustible pool of “personnel.” This is fueled by the enormous wealth gap between the rich countries of Western Europe and the poor periphery. In Rauschenbach's view, one of the main failings is that Europe has still not drawn a clear line between “everyday crime” and “organized crime.” European countries, he argues, need to develop a common definition of organized crime so that it can be fought systematically.
On the whole, it is fair to say that Germany, like other countries of “old” Europe, was caught off guard by these “traveling offenders.” First, its ultra-liberal legal framework proved unprepared for the abrupt change in the crime situation when criminal gangs from Eastern Europe, the Balkans and the Middle East poured into the country. Second, because of its centuries-old tradition of order and respect for the law, Germany simply lacked experience in dealing with well-organized and resourceful criminals who are not deterred in the least by either moral or legal norms. The German police turned out to be insufficiently prepared — materially, technically and psychologically. It is especially bitter when such incidents befall tourists during a long-awaited vacation. And if it is not only money and belongings that are stolen but also documents, there is the added problem of a possible further stay in the country and of getting back home. Obtaining the necessary certificates and temporary documents takes time and energy. Surely everyone will agree that this is the last thing you want to be dealing with on vacation abroad. Unfortunately, absolutely no one is immune to such “surprises.” If it has already happened, do not panic: waste no time and report the incident to the police. If your documents have also gone missing, have this officially recorded without delay and then contact your country's embassy to obtain a temporary travel document for your journey home. And if the misfortune happened in a hotel or guesthouse, whose operators are responsible for your safety and that of your belongings, you should take every step to obtain compensation for the damage suffered. In this article, we would like to tell you how we helped a young couple from Moscow out of a “hopeless situation” and how we represented their interests.
The Clients’ Story: Four Days in Berlin and the Vanished Safe
A young couple — let's call them Anton and Marina — came to Berlin for four days with the sole aim of having a carefree, fun time. They loved traveling around Europe, and Germany was one of their favorite destinations. On arrival, the couple checked into a hotel they had chosen in advance and booked for three nights. After leaving their suitcases in the room and putting their valuables and documents in the safe, they set off to see the local sights. After a stroll along the city's best-known streets and a visit to an old picture gallery, Anton and Marina decided to stop at a local restaurant for a leisurely dinner. Evening had fallen, and it would have been time to return to the hotel, but they were in the mood to keep celebrating. On the spur of the moment, the couple went into a nightclub, which they liked so much that they spent almost the whole night there without noticing.
Utterly exhausted but happy, Anton and Marina only made it back to their hotel room in the early hours of the morning. Without paying any attention to the room and without even switching on the main light, they both fell into bed. As they were in no hurry the next day, they slept soundly until about eleven o'clock — and when they woke up, they could hardly believe their eyes. The problem was that one small “detail” was missing from the hotel room they had rented: the built-in safe — together, of course, with everything inside it. How the thieves managed to tear the safe out of the wall practically “by the roots” remains their secret to this day. Nevertheless, the very sad fact was plain to see: the young couple was left without their documents, without a considerable sum of money and without several pieces of jewelry that were dear to their hearts.
Naturally, Anton called the police at once; the officers established and recorded the theft of the valuables, the money and the documents. The couple received a certificate, on the basis of which they then obtained a document from the Embassy of the Russian Federation that allowed them to return home. They got back to Russia safely and later, on the advice of friends in Germany, turned to our firm to represent their interests.
The Lawyer’s Work: The Hotel’s Fault and Its Duty to Ensure Safety
The lawyer who took on the case explained to the clients that the decisive question here was whether the hotel where our clients had stayed was at fault. That depends on whether the responsible staff had taken all the measures necessary to ensure the safety of their guests. If the lawyer representing Anton and Marina can prove that the incident occurred because the hotel staff failed to take necessary and adequate security measures, the lawyer will claim and pursue full compensation for the damage our clients suffered.
To gather evidence, the lawyer has already submitted the necessary request to the police and, based on the information received, will decide on the further strategy for protecting the interests of these unlucky tourists, who found themselves in an extremely unpleasant situation. Naturally, we will represent Marina and Anton's interests until the matter is successfully concluded. Should we fail to settle the dispute with the hotel's representatives out of court, we will represent our clients in court and subsequently in the enforcement proceedings. We are confident that our timely and competent action, together with a convincing legal argument, will lead to a positive result.
Tips for Tourists: How to Protect Yourself Against Theft When Traveling
In closing, we would like to stress that theft and robbery are among the most unpleasant things that can happen on a vacation abroad. Even so, tourists cannot be relieved of all responsibility themselves. It is always wise to keep a few simple precautions in mind. At train stations and airports, never let your luggage out of your sight. All money transactions — currency exchange, breaking large banknotes, withdrawing cash — are best done at banks or, if necessary, at the hotel. When sightseeing in busy cities, it is better not to take bank cards, large sums of money or original passports with you. Always carry your wallet as close to your body as possible — in the front pockets of your outer clothing. Hand particularly valuable items over to the hotel staff for safekeeping.
In any case, we advise our readers never to forget that peace of mind and safety on vacation depend to a large extent on themselves, which is why you should always stay alert and careful, even when on holiday. If misfortune has nevertheless struck and you need legal help and support, we invite you to a consultation at our firm. Drawing on many years of professional experience, we will look into your problem thoroughly, work out the solution that best fits your case and help you pursue your goal using every available legal means.
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