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Police letter for Shoplifting

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Hello, I tried to steal an item from a Supermarket. Security caught me (probably from cameras) and I got a ban for 3 months and paid 100€ and they said that they will not call the police.

After 3 months I received a letter from Polizeidirektion containing Betreff: Schriftliche Anhorung wegen Ladendiebstahl for an item worth of 4€.

Together with  Belehrung eines Beschuldigten (Ausländer) wegen einer Straftat which states Mir wurde eroffnet, welche Tat/Taten mfr zur Last gelegt wird/werden. (siehe Seite 4/5)

and on page 4: #242  StGB Diebstahl is checked.

 

I understand that this is shoplifting for a low-value item but how serious this is in Germany?

I'm a non-EU student with a limited residence permit, never committed any crime before (and will never again). 

 

-What's punishment usually in similar cases?

-Will I get kicked out of Germany?

-Will I have problems prolonging my residence permit?

 

-How would you fill the following document?:

 

2. Angaben zur Sache and Entscheidung des Beschuldigten (bitte anzukreuzen)
   a.  Ich gebe die mir vorgeworfene Tat ❑ zu ❑ nicht zu.
   b. Ich mOchte mich zur Sache (mit Dolmetscher auf der Dienststelle) ❑ äußern ❑ nicht äußern .
   c. Mit der Wahrnehmung meiner Interessen werde ich beauftragen: ❑ Rechtsanwalt ❑ keinen Rechtsanwalt
   d. Ich bin ❑ bereit ❑ nicht bereit, vor dem Staatsanwalt oder dem Richter auszu-sagen.

3. Freitextliche Aullerung: _________________...

4.

a) ❑ Ich bin bereit auszusagen. ❑ Ich bin nicht bereit auszusagen.

b.)❑ Ich bin nur bereit, vor einem Staatsanwalt oder einem Richter auszusagen  ❑ Ich bin nur bereit, nach vorheriger Befragung meines Verteidigers auszusagen. Sofern ich innerhalb von zwei Wochen nichts anderes mitteile, mochte ich mich nicht äußern.

c) ❑  Ich mochte mich schriftlich oder zur Niederschrift äußern. ❑ Ich mochte mich nicht  schriftlich oder zur Niederschrift äußern.                                      
d) ❑ Ich gebe die Tat zu. ❑ Ich gebe die Tat nicht zu.

 

 

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Even from TraceKira that is special.

 

Wow.

 

Korpione, you are on the right track with stating that you will never commit a crime again. Unfortunately I have no helpful experience with the paperwork, but if you use the search box, just under your user name top right of the screen, there was a similar case a short while back and you might find some helpful info.

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1 hour ago, fraufruit said:

 

WTF? Be more careful when stealing???

 

He got only 4 euro item. The small value means he should have been let go . There was no need to involve the police for such a small item missing

I got stolen 200 euros and police told me they will not investigate since the sum is too small . The same they told me when 2 bicycles were stolen from me. Why this poor guy should suffer these draconian rules ?

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But what precisely did you mean by 'be more careful next time'? It does honestly read as though you are saying he should be more careful not to get caught, which is horrible advice.

 

21 minutes ago, TraceKira said:

There was no need to involve the police for such a small item missing

 

On 12.2.2020, 10:58:23, Korpione said:

they said that they will not call the police.

 

There is however a process, which is now being followed.

 

21 minutes ago, TraceKira said:

I got stolen 200 euros and police told me they will not investigate since the sum is too small . The same they told me when 2 bicycles were stolen from me

Those would require investigation. It would have been different if you had apprehended the criminals. This guy was caught. Big difference.

 

You and I may feel that this is over the top, but Germany is generally a law abiding country, there is a strong social contract, and those who do not conform in ways which harm others are shown the error of their ways. We like living here. The fact that rules are by and large followed is one of the reasons why. 

 

Which draconian rules is he suffering under? He has paperwork to fill out. I wish him all the best with it. Don't turn it into something it isn't.

 

Shoplifting is not a victimless crime. The costs suffered by the shop are passed on to the customers. Also, it needs to be seen as shocking to steal, and completely unacceptable, otherwise chaos ensues. These things are not complicated. By having a punishment every single time, the shops underline that. If a 4€ crime is brushed off, the OP might try more next time. As it is, lesson learned, it won't happen again - brilliant. That's the outcome we want. 

 

Sometimes I do wonder whether Germany is really the place for you. It seems a mismatch, and that's a shame.

 

edit to say that I absolutely agree that suffering a crime which is not investigated is very unpleasant, and I hope that it doesn't happen again. 2 bikes and 200€ is a lot.

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On 2/13/2020, 9:17:12, TraceKira said:

As long as the item is low value nothing will happen to you . Be more careful next time.

Where is that damn neg button..

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To the OP, your best option is to contact a lawyer specializing in "Strafrecht". None of us here is qualified to give you the best advice to answer that police letter. And FFS do NOT listen to people like TraceKira who speak out of their dorsal orifices.

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On 13/02/2020, 23:03:21, TraceKira said:

 

He got only 4 euro item. The small value means he should have been let go . There was no need to involve the police for such a small item missing

I got stolen 200 euros and police told me they will not investigate since the sum is too small . The same they told me when 2 bicycles were stolen from me. Why this poor guy should suffer these draconian rules ?

 So, where do you draw this 'imaginary' line on theft?  4 Euros, 10, 20, 100?  Theft is is the taking of property, not yours, with the intent to premanently deprive the owner.  Theft is theft.  Period.  If the police in Sachsen are pursing theft at this level, it is directed by the state's attorney and police administration and there is most like a basis for it.

Lately there has been quite a few of these posts here on TT.  While not all are obviously members of the wonderful TT, this crime does seem to have escalated of late.  If the TT threads are a small amount or percentage, then this is perhaps systemic across Germany.  Could be a reason this is being pursued by law enforcement, even for a small amount.  When it becomes common place that these are getting reported and fines are set in place, shoplifting crimes will decrease.

It's also generally a crime that can be easily solved and resolved.  Bike theft can be more complex and involve more hours to solve and the chances of resolution are usually lower. 

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On 2/12/2020, 10:58:23, Korpione said:

Hello, I tried to steal an item from a Supermarket. Security caught me (probably from cameras) and I got a ban for 3 months and paid 100€ and they said that they will not call the police.

After 3 months I received a letter from Polizeidirektion containing Betreff: Schriftliche Anhorung wegen Ladendiebstahl for an item worth of 4€.

 

I understand that this is shoplifting for a low-value item but how serious this is in Germany?

I'm a non-EU student with a limited residence permit, never committed any crime before (and will never again).

 

Unsure about German law, but in Portugal the value is irrelevant to the case. There was an old lady that had to pay a significant fine for an item costing 3.99€. Another one 2.79€. In both cases they had to pay a significant fine. Funny thing, the accuser was Lidl.

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Section 242:

Whoever takes movable property belonging to another away from another with the intention of unlawfully appropriating it for themselves or a third party incurs a penalty of imprisonment for a term not exceeding five years or a fine.

Unlike several countries, Germany does not place a monetary figure on the amount stolen.  The proscecutor looks at the totality of the circumstances to differentiate between felony and misdemeanor theft.  Germany has Theft and Aggregated Theft, the later of which is a felony.  Shoplifting, again depending on the circumstances, is generally a misdemeanor and the subject can be sentenced up to 5 years in prison - even for 4 Euros worth of stolen property.  It could potentially happen, but is more often than not merely a fine.
 

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On 2/13/2020, 11:24:07, kiplette said:

But what precisely did you mean by 'be more careful next time'? It does honestly read as though you are saying he should be more careful not to get caught, which is horrible advice.

 

 

 

There is however a process, which is now being followed.

 

Those would require investigation. It would have been different if you had apprehended the criminals. This guy was caught. Big difference.

 

You and I may feel that this is over the top, but Germany is generally a law abiding country, there is a strong social contract, and those who do not conform in ways which harm others are shown the error of their ways. We like living here. The fact that rules are by and large followed is one of the reasons why. 

 

Which draconian rules is he suffering under? He has paperwork to fill out. I wish him all the best with it. Don't turn it into something it isn't.

 

Shoplifting is not a victimless crime. The costs suffered by the shop are passed on to the customers. Also, it needs to be seen as shocking to steal, and completely unacceptable, otherwise chaos ensues. These things are not complicated. By having a punishment every single time, the shops underline that. If a 4€ crime is brushed off, the OP might try more next time. As it is, lesson learned, it won't happen again - brilliant. That's the outcome we want. 

 

Sometimes I do wonder whether Germany is really the place for you. It seems a mismatch, and that's a shame.

 

edit to say that I absolutely agree that suffering a crime which is not investigated is very unpleasant, and I hope that it doesn't happen again. 2 bikes and 200€ is a lot.

 

We should not prosecute theft is if its less than an X ammount like California does . We should not impose draconian rules on people who are less privileged than us.

We europeans should be more tollerant and less racist. One time per week i leave around 100 euro in shop scattered on the shelves so that people less fortunate can take the money and buy food

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What has racism got to do with shoplifting, TraceKira?

Do you really leave 100 euros a week on shelves for the unfortunate? I leave 1,000.

But I am careful which shelves...

:rolleyes::rolleyes:

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42 minutes ago, john g. said:

I leave 1,000.

But I am careful which shelves...

Sorry to be thick, but what do you mean?

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48 minutes ago, TraceKira said:

 

We should not prosecute theft is if its less than an X ammount like California does . We should not impose draconian rules on people who are less privileged than us.

We europeans should be more tollerant and less racist. One time per week i leave around 100 euro in shop scattered on the shelves so that people less fortunate can take the money and buy food

So if a white guy picks up the money do you then tell him he can't have it because it's for the poor? Define less fortunate.

 

As John says What has racism got to do with shoplifting. I think you're either very naive or being had by someone.

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1 minute ago, French bean said:

So if a white guy picks up the money do you then tell him he can't have it because it's for the poor? Define less fortunate.

 

As John says What has racism got to do with shoplifting. I think you're either very naive or being had by someone.

The people who picks the money definitely need it . I watch from the shadows and i can say that 99% of people who pick the money are kids/young apprentices or some older people who dont have a big income. There is sometimes some alchooholic people but i pray that at least they buy some good quality alcohol with it

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2 minutes ago, Acton said:

Sorry to be thick, but what do you mean?

I was being sarcastic!

Re:shelves..dog food section!

:rolleyes:

A few people here want to feed their dogs properly but can´t afford to...

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56 minutes ago, TraceKira said:

 

We should not prosecute theft is if its less than an X ammount like California does . We should not impose draconian rules on people who are less privileged than us.

We europeans should be more tollerant and less racist. One time per week i leave around 100 euro in shop scattered on the shelves so that people less fortunate can take the money and buy food

By the way, I don´t like thieves IF they presume other people are useful targets as a way to make a living or because it gives them a " high."

I DO understand and empathise with people who are desperate for food etc. Many of us have been there..I have.

I DO believe in a solidarity system eg unemployment money and help with rent etc..I am ONLY against abuse IF the abusers are having fun and saying " fuck you, you pay. You have more than me," And I nicked your xyz because it was yours and you paid for it and I want it.

 

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2 hours ago, TraceKira said:

We should not prosecute theft is if its less than an X ammount like California does . We should not impose draconian rules on people who are less privileged than us.

We europeans should be more tollerant and less racist. One time per week i leave around 100 euro in shop scattered on the shelves so that people less fortunate can take the money and buy food

 

Having a social system so damaged that people need to steal to stay alive would be appalling. Germany has a decent social security system and many organisations which can help people in need.

 

Expecting that they should steal and we should ignore it is terrible. No-one should be forced into that situation. 

 

You leaving your money around is an interesting solution. I think there are more targeted ways of achieving your aim, but basically to care for others less fortunate is a good trait, so good on you.

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