In German stores, even buying a single fruit before paying can attract the attention of security, though this alone is usually not prosecuted. At the same time, store staff have the right to stop you, look into your bag and call the police, but any suspicion of theft—even petty—can result in a court case.
When security can approach you
A store security guard or detective has the right to approach you if they suspect theft and inform you of possible criminal prosecution. They can call the police and look into your bag, but they have no right to conduct a personal search or examine your body.
In the case of a single fruit or vegetable stolen accidentally or out of forgetfulness, criminal prosecution is unlikely. However, recently the prosecutor’s office has filed charges even for small amounts of just a few euros. In the described case, an elderly woman who forgot tomatoes under her jacket in the shopping cart received a charge for theft valued at around three euros and fifty cents.
How scales on shelves work
Modern stores install scales under fruits and vegetables on shelves. When you pass by a digital checkout at the exit, it automatically adds to your bill the fruit or berry you ate, even if you didn’t ask for it. This helps avoid legal proceedings for consumed goods.
What counts as police resistance
Police often bring charges under sections 113 and 114 of the German Criminal Code for obstructing law enforcement. This definition includes even the most trivial actions: attempting to step away during arrest, pushing or waving off. In practice, this looks absurd: in one case, a person was charged with resistance when, irritated by the situation, he kicked off an untied shoe during detention.
Such charges do not require overt violence against officers. Simple verbal objection, a leg movement or an attempt to step away—that is enough. People have received convictions for events that deserve no attention whatsoever.
When letters come from the prosecutor’s office
If you received a yellow envelope from the prosecutor’s office or criminal court, immediately consult a lawyer. Many people ignored such letters and unexpectedly received convictions for offences that were completely undeserved. The prosecutor’s office may consider even minimal actions during detention as obstruction.
How to avoid problems in stores
Be careful when shopping: don’t hide anything in bags or under clothing, check all items before putting them in the cart. Even unintentional forgetfulness can lead to a theft charge. Respond calmly to conflicts with security or police and don’t commit actions that could be interpreted as an attempt to resist.
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