Offence against property
Theft defence lawyer
Arts. 234-236 Criminal Code
Theft is the taking of another's property without violence, intimidation or force, and its seriousness largely depends on the value of what was taken: below a certain threshold it can be handled as a minor offence, with procedural consequences very different from those of a less serious offence.
It is common in retail settings, where the evidence is usually limited to CCTV footage and the testimony of security staff, and where the precise classification of the facts — not just the value involved — determines which procedure applies.
Even when the amount is small, what's at stake is a person's criminal record, with the consequences that carries for their working life for years afterwards.
Scope of work
- Defence of the suspect from the complaint or the arrest onwards
- Assessing the value of the property taken and its effect on classification
- Challenging CCTV or witness evidence
- Negotiating a plea agreement in minor-offence cases
When to call
- You have been reported for theft in a retail store
- You disagree with the value attributed to the property taken
- You have been summoned to a minor-offence trial and do not know how to approach your defence
Frequently asked questions
From what amount does theft become a criminal offence rather than a minor infraction?
The Criminal Code sets a monetary threshold (400 euros) below which theft is handled as a minor offence, with a faster procedure and different consequences from a less serious offence. The exact value and how it is proven are the first points worth reviewing.
Is CCTV footage enough on its own as evidence?
It can be incriminating evidence if it clearly identifies the perpetrator and is properly preserved, but it is assessed together with all the other circumstances of the case. The existence of footage does not automatically decide the outcome of the proceedings.
Can I avoid a criminal record?
It depends on the outcome of the proceedings and, where applicable, the sentence imposed; some outcomes (a plea agreement for a fine, suspension of the sentence) have different effects on a criminal record. It is one of the first questions worth discussing with the lawyer.