“Blessed is he who was young in his youth, blessed is he who matured in due time.”
Alexander Pushkin, Eugene Onegin
Unfortunately, petty and large-scale theft is far from rare in Germany. Clients — including many from the former Soviet Union — repeatedly come to us charged with theft and in need of professional legal help. German law is fairly unforgiving here, and if the necessary steps aren’t taken in time, the consequences of what may seem like “harmless” pranks, such as minor shoplifting, can be dire. Under §§242-248 of the German Criminal Code (Strafgesetzbuch, StGB), the punishment for theft depends on how the offense is classified, the motive behind it, and its consequences. A criminal penalty for theft without aggravating circumstances (§242 StGB) may be limited to a modest fine. Theft committed under aggravating circumstances (§243 StGB) is punishable by imprisonment from three months to ten years; in that case a fine is excluded.
The Youth Courts Act (German: Jugendgerichtsgesetz, JGG) is based on the principles of rehabilitating the young offender and preventing reoffending, rather than punishing the teenager for the offense committed. Punishing a young offender is aimed, above all, at making them recognize their guilt and preventing unlawful conduct in the future. Punishment of minors is therefore primarily corrective rather than punitive in nature. To maximize protection of minors’ rights and legitimate interests, the Youth Courts Act is oriented toward individualized, preventive education of the young offender aimed at rehabilitating their character. The state uses its tools here to help young people, whose convictions and development are still forming, recognize what they’ve done in time, make the right choice, and refrain from further rash acts that could lead to severe, and sometimes irreversible, consequences.
As mentioned in our earlier articles, children under 14 cannot be held criminally liable. In other words, if a teenager under 14 commits theft, they cannot yet be held criminally responsible for it. If the teenager is between 14 and 18, and understood while committing the offense that their act violated the law, they can be held criminally liable. That said, the state treats offenses committed by minors with heightened attention and considers each case strictly on its own merits. As a result, the measures applied to teenagers, even for an identical act, can vary considerably.
Shoplifting by teenagers aged 14-18 happens fairly often. Unfortunately, teenagers who decide to take a risk and pocket something they like don’t always fully grasp the consequences of such “mischief.” Nevertheless, in Germany a child who has turned 14 can be held criminally liable for such an act, up to five years’ imprisonment. Often, due to a lack of awareness, insufficient parental oversight, or the desire to acquire something otherwise out of reach, a young person can unwittingly find themselves in a deeply unpleasant situation with serious consequences for the whole family. When charges are brought against such a young “thief,” the parents usually step in to help. Yet even they, faced with such a situation — all the more so in a foreign country — cannot always choose the right defense strategy or find arguments sufficient to get the criminal case against their beloved child discontinued. In this article, we describe one case from our practice in which we were able to help a young man who had stumbled avoid a harsh punishment.
Client Story: Bored Teenagers in a Toy Store
A middle-aged man once came to our law firm for a consultation regarding his minor son, Yegor (name changed). It turned out the fifteen-year-old was charged with theft in Germany, facing a potential sentence of up to five years’ imprisonment. Needless to say, both father and son were in a deeply distressed state and were counting on our help as a last resort.
The case looked fairly simple and mundane. After school, Yegor went with a friend into a toy store. They had no intention of buying anything, and the boys didn’t have much money on them anyway. They fooled around for a while, browsing the colorful toys, pressing buttons, turning on the music — there was nothing else to do, and they weren’t in a hurry to go home... All would have been fine, as boys of 15 often do this sort of thing, but then their attention was caught by the Transformer toys. Even though the boys were a little old for toys, these particular Transformers really appealed to them. As Napoleon Bonaparte rightly observed, one shouldn’t look for malicious intent where stupidity offers a perfectly good explanation. Without thinking too much or coordinating with each other, the boys each picked out a Transformer they liked, put them in their school backpacks, and “quietly” left the store that had proven so tempting.
A vigilant security guard, however, had been in the business for many years and noticed the two friends’ suspicious behavior from the start — they had clearly come into the store just to kill time and have some fun. He understood exactly how this seemingly harmless outing could end. In the end, the teenagers were stopped as they left the store, searched, and, once the unpaid merchandise was found, their parents and the police were called. The officers who arrived immediately drew up a report on the offense. The parents, utterly distraught, had no choice but to take their sons home and wait for further unpleasant news.
The Lawyer’s Work: Expedited Proceedings and §45 JGG
Fortunately, Yegor’s father turned to professional lawyers in time. As in similar cases, we immediately requested the full case file from the police. As expected, Yegor had been charged with theft from the store under §242 of the German Criminal Code (Strafgesetzbuch — StGB). The young man’s position was a matter of legitimate concern for several reasons — namely, if he were found to have understood the nature of his actions (which was, in fact, the case), he would face a correspondingly serious penalty.
German criminal procedure provides for an expedited or simplified procedure (the so-called Beschleunigtes Verfahren). This procedure follows a special procedural form and applies to certain categories of criminal cases. It is designed to resolve criminal cases within a shortened time frame and under simplified rules. In cases involving minors, the case is referred to court under the expedited procedure so that corrective measures can begin as quickly as possible, thereby preventing any serious consequences of what was done.
In the case of our minor client, the criminal defense lawyer’s primary task was to prepare a well-reasoned petition to the public prosecutor’s office to support discontinuing the criminal case. Accordingly, our firm’s lawyer prepared a detailed, well-argued letter, with all supporting documents attached, showing that the case could be discontinued under §45 of the Youth Courts Act. Among the arguments presented was the fact that the young man had committed a criminal offense for the first time. At the time, while he was aware that his actions were unlawful, he had not foreseen the possible consequences. Although the boys had come to the store together, they each chose a different toy and took it independently — so there was no question of joint participation in this case. The boys had, in fact, committed theft, but they immediately acknowledged their guilt, did not deny what they had done, and did not obstruct the proceedings. The lawyer argued that this should be treated not as a crime, but as a foolish act, especially given the low value of the stolen goods.
Our petition also included supporting evidence that the parents had had a serious talk with their son, explaining in detail what this mischief could have meant for the whole family. Yegor sincerely regretted what he had done and was absolutely convinced he would never repeat such foolish acts again, under any circumstances.
Outcome: Charges Dropped
To our clients’ relief, following review of our petition, all charges against the young man were dropped by the public prosecutor’s office, and the criminal case was closed. We genuinely believe this experience helped Yegor understand that a single careless act can undo all the far-reaching plans one has the chance to pursue in youth. We hope your family never has to face such “surprises.” And if trouble ever does knock on your door, we are here at our law firm to listen, advise, and choose the best defense strategy to secure a positive outcome in your case.
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