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EULawyer
EULawyer, Lawyer
Category: German Law
Satisfied Customers: 206
Experience:  Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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What is the Process When is someone from Canada is caught After

Customer Question

What is the Process When is someone from Canada is caught After Shoplifting 35€ Worth of goods from Tengelmann in Munich?
Submitted: 8 months ago.
Category: German Law
Customer: replied 8 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  EULawyer replied 8 months ago.
Dear Customer,Thank you for your question. I will also make an Offer of Premium Service for a Live Phone Call, which you can accept separately from rating this answer. Please consider these two issues separately, as I will try to give you a full answer in writing, to spare you money.Theoretically, a person shoplifting 35 euros worth of goods from a shop qualifies as Theft, but of little value, according to Articles 242 and 248a of the German Criminal Code (link in English). The penalty for such a theft is prison up to five years or a fine. However, given that the theft was of a small value, it is not automatically investigated, but only at the special request of the aggrieved party (i.e. the supermarket). So first, the supermarket would have to file a special request, which is different than just complaining to the police. Normally, they don't do that and the situation is forgotten.If they do file a special request, then a criminal investigation ensues, which is likely to be very short, given that the person was caught already. Then, a trial commences, or the prosecutor can decide on an administrative fine (a few hundred euros) given the lightness of the facts. Just to be clear, the judge can decide on the same, and a prison sentence is highly unlikely.As a Canadian citizen, the perpetrator would have the major advantage of being offered the following for free:-> the right to an interpreter provided by the court or the prosecutor's office, both for any hearing with the prosecutor (interrogation) and in court; and-> the right to be assisted by a Canadian consular official at all stages of the trial;-> the right to a state attorney if the person cannot afford one.Nevertheless, given the material situation, unless the theft involved some form of gross behavior or threatening means (such as a knife or a gun), prosecution is highly unlikely and the matter can be easily closed. Bail would also usually be granted.I hope my answer is useful and look forward to your rating, which is essential to my activity.Cordially,Dr I L Vlad

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