When only a few days remain until the turn of the year, the pre-New Year bustle and festive rush are in full swing. Caught up in the holiday frenzy, everyone is busy buying presents, delicacies, Christmas trees, decorations and cosmetics. People hurry to the shops after work to get their shopping done. Car parks and shopping centres are packed. Long queues form above all in jewellery, cosmetics and grocery stores.
Like millions of people around the world, Ljudmila (name changed) was rushing to buy presents for everyone and get everything she needed shortly before New Year, so that the celebration would be a success and everyone would be happy. After spending about five hours in the shopping centre, the young woman was exhausted. But before heading home, she wanted to finish the rest of her planned purchases, and as the last stop on her list she went into a branch of the DM drugstore chain, which carries a wide range of make-up and skincare products. As she entered the shop she felt weak and dizzy, but she did not let that stop her from getting all her shopping done as quickly as possible. She had just picked out a mascara when she suddenly felt unwell, and instead of putting it in her shopping basket she slipped the item into her handbag without knowing why. Over the next few minutes her vision blurred as if behind a veil, she felt unbearably hot and could no longer stay on her feet. Forgetting everything else, the young woman hurried out of the shop looking for a bench to sit down on. She had barely come to her senses when a store detective suddenly approached her, asked her to show him her bag and found the mascara inside.
Ljudmila was badly frightened and tried to explain what had happened, but by then it was too late. She had left the shop with goods that had not been paid for, and that already counts as theft. She immediately handed the mascara back and asked the detective to let her go, but he was unyielding and would not hear of it. Fortunately, he decided not to call the police. With items of little value, this is possible. Since there is video footage that serves as evidence, the police do not necessarily have to be called in. As the injured party, the shop can turn to the police later and file a Strafantrag (a formal request for prosecution) by way of a Privatklagedelikt (an offence subject to private prosecution). This is also reflected in § 248a of the German Criminal Code (Strafgesetzbuch – StGB), under which the theft and misappropriation of items of little value is prosecuted only upon application by the injured party. The mascara cost less than ten euros, so the detective decided to settle the matter on the spot. He informed Ljudmila that she was banned from the shop for three months with immediate effect (Hausverbot), and that the shop would shortly be reporting her to the police for theft (Strafanzeige).
That same day, the frightened woman contacted our law firm. She was very afraid of the proceedings ahead. But she was even more afraid that her husband might find out, because the detective had told her to expect a letter from the police at home summoning her for questioning. The thought that her family might learn of this unpleasant incident was agonising for her. That was understandable. The lawyer immediately reassured the young woman and explained the situation to her.
This was a case of petty theft. Under German law, theft carries a quite severe penalty of up to 5 years' imprisonment or a fine (§ 242 of the German Criminal Code).
Geringwertiger Diebstahl (petty theft) is the theft of items whose value does not exceed roughly 50 euros. The deadline for the injured party to request prosecution of such minor offences is three months from the date of the offence. In this case the offence was committed on 27 December, shortly before New Year, so the lawyer immediately pointed out to the client that a complaint from the shop could reach the police at any time within three months of 27 December, even on the very last day. If no complaint was received, the deadline for the request would be deemed missed and the complaint would no longer be taken into account. Ljudmila calmed down somewhat, but the prospect of receiving a letter from the police at home continued to worry her. The lawyer therefore first informed the police that our law firm would from now on represent and protect the client's interests. He described the incident that might give rise to a complaint and asked that all correspondence be conducted through us, that nothing be sent to the client's home, and that, should she be summoned for questioning, the police contact us directly.
Time passed, but nothing happened. Of course, we did not forget the case: we regularly sent enquiries and called the police to find out whether a complaint had been filed against our client and whether criminal proceedings had been opened. Ljudmila, for her part, remained worried the whole time, and despite our reassurances her nerves were stretched to breaking point.
When the deadline finally expired – three months had passed – we were happy to tell our client that everything was fine. The injured party had either forgotten or had no interest in having proceedings opened. Ljudmila was, of course, overjoyed at this outcome.
The case thus ended successfully. On the one hand, the client was of course very lucky that no criminal proceedings were opened. Even so, there had been a risk that a complaint would be filed. And had she not contacted our law firm at the time, she would most likely have gone to the police herself, without waiting for a summons, and reported everything. She would also, by her own account, long since have confessed everything to her husband. According to her, he was a man of very strict principles, so her confession could have harmed their relationship and led to a conflict she greatly feared, possibly even to divorce. And she would no longer have been able to prove to her husband that she had not meant to take anything from the shop, that she had simply felt ill at that moment, and that this was why she had accidentally put the item in her bag and left the shop without paying for it. She was nonetheless deeply ashamed and did not want her family to think badly of her. Had her husband found that letter before she did, the situation would have become even more fraught. That is why she was already on the verge of telling him everything. Accordingly, the mere fact that she turned to us spared the family possible quarrels and spared Ljudmila disgrace in the eyes of her relatives.
By the beginning of spring, our client was once again able to work in peace and enjoy life. She no longer had to worry about how her husband and her own son, whom she had raised to lead an honest and upright life, would look at her. And this happiness was possible only because Ljudmila turned to us in good time. We are your protection and support, whatever legal matter you are facing. And you should not judge yourself for what has happened — only professionals can assess whether any conduct was unlawful.
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