Theft, Aggravated Theft & Gang Theft – Lawyer Frankfurt

Theft, Aggravated Theft & Gang Theft in Frankfurt (§§ 242, 243, 244 StGB) – Criminal Defence & Nationwide Representation

A theft allegation immediately creates pressure: investigative steps, possible records and professional fallout. Legally, theft is an offence against property: taking another person’s movable property with intent to unlawfully appropriate it for yourself or a third party. What sounds simple is decided in the details: “foreign” property, breach of custody, establishment of new custody, and intent to appropriate. Our Frankfurt-based firm Buchert Jacob Peter guides you safely through the investigation — discreetly and nationwide.

Problem: What is really at stake in a theft case?

The basic offence (§ 242 StGB) ranges from a fine to up to five years’ imprisonment. On top of this come particularly serious cases under § 243 StGB (e.g. burglary, breaking secured containers, commercial activity) and qualifications under § 244 StGB (weapons, gang theft, residential burglary). Where violence or threats are alleged, cases can quickly be re-classified towards robbery or robbery theft. Early measures such as searches, seizures or even an arrest warrant are possible. Clarity about the fact pattern and evidence is therefore crucial — from initial suspicion to the main hearing. For the overall process see the course of criminal proceedings.

Typical points of dispute include: is the object “foreign”? Was custody broken and new custody established? Did intent to appropriate exist at the moment of taking? Was there consent of the entitled person? Even seemingly small misapprehensions — e.g. about ownership — can mean there was no intent. We test these issues precisely and purposefully.

Solution: Act early — file, options, outcome

Our approach is straightforward: rapid access to the file, sound evidence assessment, calm communication. Until file access is secured, use your right to remain silent and do not make statements — especially not at a police interview (summons for interrogation). We assess thresholds from initial to sufficient suspicion and develop a realistic exit-or defence strategy — including discontinuance for reasons of expediency where possible. For procedure fundamentals see German criminal procedure.

Approach: How we work in § 242 cases

• Immediate protection and communication with the investigative authorities.
• Rapid file access, evidence review (CCTV, witnesses, traces, till journals).
• Legal analysis: “foreign” property, custody, intent to appropriate, consent.
• Strategy: statements, motions, procedural economy through evidence-taking.
• Corporate context: risks, internal processes, training & documentation.

The legal situation made clear: core elements of theft

What is a “foreign movable object”?

“Foreign” means the item is at least partly owned by another. “Movable” means it can be physically transported. These simple-sounding elements raise practical questions: co-ownership, borrowed items, company property. We classify these precisely.

Taking: breach of custody and new custody

Taking means breaking another’s custody and establishing new custody against or without the will of the entitled person. Custody is actual control supported by the will to control. If there is no breach — e.g. free handing over — the offence may be excluded. For proof, lines of sight, sequences, distance and communication matter; we secure and assess these details.

Intent to appropriate: acquisition and deprivation

Required is the intent to acquire at least temporarily and to permanently deprive the owner. Someone who only wants to use and return an item will generally not meet this threshold. Special provisions (e.g. unauthorised use of a vehicle) can still apply; we examine alternatives and the scope of any statement.

Particularly serious case (§ 243) & qualifications (§ 244)

Rule examples for particularly serious cases (e.g. burglary, breaking secured containers, exploiting special situations) significantly increase the penalty. § 244 covers, inter alia, theft with weapons, gang theft, and residential burglary. In alleged “gang” constellations, we scrutinise whether the requirements truly exist and present alternatives — also bearing in mind interfaces to white-collar crime or employment criminal law.

Distinctions: theft, fraud, robbery & robbery theft

Theft is an external impairment: custody is broken against the owner’s will. Fraud involves deception causing a self-damaging property disposition — they exclude each other. If violence or threats enter the picture, we test whether they enable the taking (robbery) or are used after the taking to secure the loot (robbery theft). This fork strongly affects sentencing and tactics. For court levels see Local Court (Amtsgericht); on evidence seizures see seizure.

Corporate context & compliance: manage risk proactively

In companies, theft allegations often touch tills, warehouses, shipping or service chains. We combine defence with pragmatic advice: process clarity, training, internal guidelines, evidence and documentation standards — part of our broader practice areas.

Process & strategy: from report to finality

We support you from first contact with the authorities to indictment and judgment. Clean records are decisive: investigation file, videos, witnesses, forensics. If charges are filed, we prepare evidence-taking, bring motions, test exclusionary rules and keep options for calibrated understandings in view. Where feasible, we pursue efficient solutions — including discontinuance applications.

Your advantages with Buchert Jacob Peter

• Substantive depth: Many years of experience with “foreign property”, custody, intent and fine distinctions — including multi-party and corporate cases.
• Consistent mitigation work: We develop alternative narratives, secure contradictions and apply strict standards to “particularly serious cases” and qualifications.
• Client-centred & discreet: Clear recommendations, realistic options, transparent communication — in Frankfurt and nationwide.

FAQ – Frequently asked questions on theft (§ 242 StGB)

• When is an item “foreign”?
  Whenever it is at least also owned by another person. We examine tricky settings (borrowed or jointly owned items) in detail.
• What is “taking”?
  Breaking another’s custody and establishing new custody against their will. No breach if the entitled person consents — we clarify this from the file.
• I intended to give it back — is it still theft?
  If permanent deprivation is not intended, intent to appropriate may be absent. We check alternatives and the scope of any statement.
• How is theft different from fraud?
  Fraud requires deception and a property disposition by the victim; theft is based on a custody breach. They exclude each other — tactically important.
• What role do §§ 243 and 244 play?
  They significantly increase penalties. We test carefully whether the requirements are truly met — and whether milder alternatives apply.
• Must I attend a police interview?
  As a suspect, no. Use your right to remain silent and coordinate with us first. We handle the summons and communications.
• Are there chances of discontinuance?
  Yes — especially with minor guilt, unclear evidence or missing prerequisites. We argue for discontinuance and meet procedural requirements.

Call-to-Action: Get reliable advice now

Need swift support in a theft case? We advise calmly, structurally and solution-oriented — in Frankfurt and nationwide. Call +49 69 710 33 330 or email kanzlei@dr-buchert.de. You can also use our contact page.

Contact us – Your Specialist Criminal Lawyers in Frankfurt am Main and Nationwide

• Attorney Frank M. Peter, Specialist Lawyer for Criminal Law
• Attorney Dr. Caroline Jacob, Specialist Lawyer for Criminal Law
• Of Counsel: Prof. Dr. Frank Peter Schuster
• Cooperation Partner: Tax Advisor and former Tax Investigator Frank Wehrheim

Our law firm Buchert Jacob Peter has been based in Frankfurt am Main for over 25 years with experienced criminal defence lawyers. We represent clients nationwide.

Contact: Phone +49 69 710 33 330 · Email kanzlei@dr-buchert.de

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