Theft: when is theft an offence and when is it a crime?

Chapters of the article

• Who commits the crime of theft
• When theft is only a misdemeanour
• Penalties for theft
• Theft, robbery, concealment or embezzlement?
• Summary

Who commits the crime of theft

A person commits the crime of theft who appropriates another’s property by taking possession of it and at the same time:

• Causes not insignificant damage to another’s property: The not insignificant damage is at least CZK 10,000. Previously, the limit was CZK 5,000, but from 2020 the limit has been increased due to the adjustment of legislation to the rising minimum and average wages.
• Committing an offence by burglary: Burglary is the unauthorised entry into a confined space (e.g. house, flat, vehicle), which usually involves the use of violence or trickery to overcome security.
• In connection with the appropriation of another’s property, he or she subsequently commits violence or the threat of imminent violence: This corresponds, for example, to a situation where the perpetrator of the theft is caught in the act and, in order to escape, threatens the victim or witness with violence or even physically assaults them in order to keep the stolen items.
• He orshe commits the act on an item that another is wearing or carrying: This includes stealing a purse or phone from the victim’s hand. This type of theft is particularly invasive and often traumatic for the victim because there is a direct and personal violation of their space and safety.
• Committing the offence in an area where an evacuation of persons is being or has been carried out: an evacuation may take place, for example, as a result of a natural disaster. Thus, in this case, the perpetrator takes advantage of the resulting confusion or abandonment of the property. This behaviour is seen as particularly reprehensible because it takes advantage of a serious and crisis situation where people are vulnerable and cannot adequately protect their property.

Alien property is any tangible property that is owned by someone other than the perpetrator. Importantly, the thing must be tangible, that is, something that can be physically grasped and moved. This includes a wide range of items such as money, personal property, goods in shops, vehicles and so on. However, it cannot be real estate. Therefore, it is not possible to steal, for example, someone’s house (in which case it is a different type of offence, e.g. trespass to a house, flat or non-residential premises).

When theft is only a misdemeanour

It is a misdemeanour if there is no criminal offence. Specifically, if someone appropriates someone else’s property by taking it, but none of the other points listed above are met.

This means that the value of the item does not exceed CZK 10 000 and there are no more serious circumstances. Thus, there is no robbery, use of violence or threat. The theft does not involve an item that is on or in the possession of someone else and has not occurred in an area where an evacuation is taking place or has taken place.

Penalties for theft

The severity of the penalty varies depending on whether it is a misdemeanour or a felony.

Theft – misdemeanour

In the case of a misdemeanour, a maximum fine of 50,000 crowns is imposed. However, if it is a repeat offence, then a fine of up to 70,000 crowns may be imposed. At the same time, a so-called restrictive measure may be imposed on the offender.

These include a prohibition to visit designated public places or places where sports, cultural and other social events are held, or an obligation to refrain from contact with a certain person or a defined group of persons or to undergo a suitable programme for the management of aggression or violent behaviour. They may be imposed for a maximum period of one year.

Theft – a criminal offence

The offence of theft is punishable by up to two years’ imprisonment, prohibition of activity or forfeiture of property.

It is aggravated if the offender has been convicted or punished for theft in the last three years, in which case he or she will receive a prison sentence of six months to three years.

The offender will be sentenced to one to five years’ imprisonment if he or she has caused major damage, i.e. damage of at least CZK 100 000.

The offender shall be sentenced to two to eight years’ imprisonment if he or she acted as a member of an organised group or attempted to cause significant damage, i.e. damage of at least one million crowns. And also if he or she committed the act in a state of national emergency or in a state of war, natural disaster or other event seriously threatening human life or health, public order or property.

The maximum penalty of 5 to 10 years’ imprisonment is imposed on an offender who has caused damage of a large scale, i.e. more than CZK 10 million, or if he or she has committed theft with the intention of enabling or facilitating the commission of a terrorist act, a terrorist financing offence or a terrorist threat.

Theft, robbery, concealment or embezzlement?

Theft is often confused with other crimes. Specifically, it is robbery, concealment and embezzlement. Let’s take a closer look at each offence and explain exactly how it differs from theft.

Robbery

Robbery is committed by someone who uses violence or the threat of imminent violence against another with the intention of taking someone else’s property. The use of violence or the threat of violence is also possible in the case of theft. However, the difference is that in robbery this violence or threat of violence goes beyond the seizure of the thing, whereas in theft it may or may not take place after the seizure of the thing.

Example of robbery: Jana is walking in the park in the evening carrying her handbag. Suddenly a man approaches her, grabs her by the arm and threatens to hit her if she does not give it to him immediately. Jana immediately hands over her handbag. This act qualifies as robbery because the man used the threat of imminent violence to get the purse.

Example of theft: Jana is walking in the park in the evening carrying her handbag. A man unexpectedly runs up to her, quickly snatches the purse from her hand and runs away. Jana tries to stop him, but the man threatens to beat her if she chases him. In this case, it is theft because the man used the threat of violence only as a result of the theft.

Robbery carries harsher penalties than theft. Common sentences range from two to 10 years imprisonment. However, a prison sentence of up to 15 years can be imposed if the robbery results in the death of the perpetrator.

Concealment of property

A person who appropriates another’s property of not insignificant value (i.e. with a value of more than CZK 10,000) which has come into his possession by accident, mistake or otherwise without the consent of the person entitled to it commits concealment of property. It differs from theft in the manner in which the perpetrator obtains the thing – in this case by discovery or by mistake, whereas theft is a direct act of taking possession of another’s thing.

Example of concealment: John is sitting on a bus and discovers a phone on the next seat. He does not say anything to anyone and decides to keep it. This act qualifies as concealment because Jan found the lost item and decided not to return it to the owner, even though he had the opportunity to do so.

Example of theft: Jan is sitting on a bus and notices that his passenger’s phone is sticking out of his pocket. He quickly takes it and hides it in his pocket. This act qualifies as theft because Jan actively took someone else’s property with the intent to appropriate it without the owner’s knowledge or consent.

Concealment of an item is inherently a lesser offense than theft and therefore carries lesser penalties. The basic penalty is imprisonment for up to one year and a ban on activity. More severe punishments are available in the case of greater benefit to the offender.

Embezzlement

An embezzler commits embezzlement if he appropriates another’s property entrusted to him and thereby causes damage to another’s property that is not insignificant. It therefore differs from theft in that here the thing has been entrusted to the perpetrator with the knowledge and consent of the owner.

Example of embezzlement: Anna works as a librarian at a local library. She has access to rare books that are only to be read in the library and not to be borrowed at home. One day Anna takes one of these rare books home without telling anyone and decides to keep it in her personal collection. This action qualifies as embezzlement because Anna was legally entitled to possess the book as a librarian, but she abused her position and trust to appropriate the book.

Example of theft: Anna visits a local library and notices a rare book lying on a table near the reading room that someone has forgotten to return to its place. Anna quickly hides the book in her bag and takes it home. This action qualifies as theft because Anna took a book that did not belong to her without the library’s knowledge or consent.

Embezzlement is punishable in much the same way as the crime of theft. The basic penalty is imprisonment for up to two years, prohibition of activity or forfeiture of the property. The most severe penalty is 10 years’ imprisonment.

Summary

Theft can be classified as either a misdemeanor or a felony depending on the value of the stolen item and the circumstances of the crime. Misdemeanour refers to minor thefts of up to 10,000 CZK without serious circumstances, while felony includes major damage, burglary, use of violence or threats. Penalties for theft range from fines and restrictive measures for misdemeanours to long-term imprisonment for serious crimes. The differences between theft, robbery, concealment and embezzlement lie in the means used and the manner in which the property was obtained, with each act being punished differently by law.