Shoplifting: Legal Advice and Fine Information

Questioner

A few days ago I was arrested for shoplifting in a store downtown. The store fined me 181 euros. Furthermore, I have been banned from all stores in the city center, I am not allowed to enter any store for 1 year. Is it allowed to ban me from the entire city center? Or is the store in question only allowed to ban me? I've never had any trouble with the police, and this was the first time, I think it's very extreme. In addition, I was taken to the police station for questioning. I was also given a fine of 350 euros on top of that! Why is this fine so high? (stolen amount was +/- 50 euros). I'd like to hear it.

Lawyer

You have been guilty of Article 310 of the Criminal Code, namely: theft. The maximum penalty is a prison sentence of 4 years or a fine of the 4th category. The 4th category means max. €20250. The fine of justice is independent of the value that you have taken. The amount depends on other factors, for example whether you committed the theft with violence. Now there are actually 2 things: 1. you must pay to the justice department (police) 2. you must pay at the store For the 1st case: the Public Prosecutor will summon you to appear before the police or criminal court. This will sentence you to a certain penalty (fine). You will eventually have to pay this amount. If you or your advisor can convince the judge of a lower fine, you will be punished less severely. For the 2nd case: the shopping center consists of private companies and they are normally allowed decide for themselves who to let in and who not. It is certainly an overly harsh punishment, but they are authorized to do this. Regarding the fine that the store imposes on you: you may pay it, but you do not have to. If you do not do this, the store will probably summon you to appear in court. This may rule that you must pay the fine to the store, but he/she may also acquit you. This depends on your defense. In both cases you are not obliged to hire a lawyer. However, I do recommend that you hire someone with expertise in this area. I can provide you with advice at a low rate, but of course you can also choose to consult someone else. I hope to have informed you sufficiently and wish you the best of luck.