Theft, burglary

Verified 30 July 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Have you been robbed or robbed of a phone or your bag and you want to file a complaint so that the perpetrator can be prosecuted? Theft is the act of taking, without authorization, property or thing belonging to a person. The penalties are more severe depending on the seriousness of the theft. We present you the information you need to know.

There's theft when a person takes and removes property or something that does not belong to him.

There's theft of any kind the value of the stolen object.

The perpetrator is aware of the act committed, because he acts with the aim of grabbing the thing of others.

For example, stealing a piece of fruit from a merchant's display in a market is a shoplifting ”.

The "shooting' or 'pickpocketing is theft that involves taking an object that the victim carries with them, in a pocket or bag.

The "swaggeris a pickpocketing accompanied by slight violence (shoving, projection of a liquid into the eyes).

In order for there to be a flight, all conditions be full :

  • You must be the real owner of the property
  • You must not have abandoned the property (in a dump, on the street...)
  • The thief must not be your Civil partnership or partner (unless separated)
  • The thief must not be your father, your mother or your child.

The spousal or child-parent theft shall be penalized only where the object of the theft is a document indispensable to everyday life: identity card, means of payment.

If theft is committed by the person in charge of a protective measure (guardianship, trusteeship...), there may be criminal proceedings. This is the case with the guardian who steals from the person they are supposed to protect (e.g. take furniture).

Diversion of energy (e.g. manipulation of the neighboring electricity installation) is considered theft.

Some items are not abandoned and are so stolen : offerings in churches, wreaths laid on public monuments, things accompanying the remains of the deceased...

Aggravated theft is more serious than simple theft. It's a theft committed with at least one aggravating circumstance.

For example, the burglary is a break and enter. Forcibly entering a dwelling is an aggravating circumstance of theft.

There's aggravating circumstances if the theft was committed in the following situations:

  • By several persons, perpetrator or accomplice (the one who assists or assists the perpetrator of the theft)
  • By a person in the custody of the public authority (e.g. a police officer, a gendarme)
  • By a person claiming to be a policeman, gendarme, postman, EDF agent...
  • With violence before, during or after flight, resulting in total incapacity for work (TBI) of up to 8 days
  • In a dwelling room or in a place used to receive goods, with possible entry into the place by break, entry or climbing
  • In public transport or in a place allowing access to public transport (metro, airport, train station...)
  • With destruction before or during flight
  • With all or part of the face hidden
  • In or near a school
  • By an adult with the help of minor(s)
  • Theft of a classified or archeological object, cultural property
  • Against a person who is vulnerable because of his age, his health, his pregnancy...
  • With the use or threat of use of a weapon
  • In organized band
  • With severe violence (torture or barbaric acts) resulting in mutilation, permanent disability or death.

The robbery is said to false police officers when committed by thieves posing as police officers. Typically, one of the thieves speaks with the occupant of the dwelling, while the other steals items or money.

We're talking about car-jacking, where the theft of a car is carried out with threats or violence against the driver driving the car

We're talking about home-jacking when the thief enters a person's home, in his presence and without his authorization, to steal the key of his car. The car can be stolen without being damaged to enter and steal it.

Simple theft is less severely punished than aggravated theft.

Single Flight

Simple theft is punishable by 3 years in prison and €45,000 of fine. It is the will to steal that is repressed.

The penalty is applicable even if the author returns the object after its theft or if there has been only one attempt to steal.

There's attempted theft whether the perpetrator started committing the offense, but was stopped due to external circumstances. For example, the intervention of a security guard in a store prevents a thief from going to the cash register without paying with a bottle of alcohol under his clothes.

Theft aggravated

The sentence varies depending on the aggravating circumstances. It can go from 5 years in prison at the life imprisonment and up to €150,000 of fine.

Sometimes two or three aggravating circumstances can be identified for the same person.

The sentence is applicable in case of attempt. For example, if a burglar knocks on the door of a house but leaves because an alarm has been sounded.

Additional penalties may be ordered: confiscation of the object used to steal (weapon, vehicle...), prohibition to exercise an activity, a profession or to have a weapon.

A foreigner convicted of theft may be prohibited from staying in France for a period of up to 10 years or permanently.

Please note

Anyone who avoids theft by organized band and identifying the perpetrators may not be condemned. This is called a repentant person.

1. Declare the flight

If the flight concerns means of payment, you must block them at your bank:

If the flight concerns important papers, you must report this to the relevant authorities:

If the flight concerns a mobile phone, you must request that your line be blocked. It is also possible to make a statement from insurance theft.

In case of burglary at your home, you must report to your home insurance. You need to assess your damage.

In case theft or attempted theft of your vehicle, you must make a flight declaration to your motor insurance.

In case When your electronic toll or parking badge is stolen, you must notify the business in charge of the badges and the trustee.

2. File a complaint

You must complain in order that the perpetrator of the theft be sentenced to a prison term and to payment of a fine, during a trial.

If the author is unknown, you can file a complaint against X.

You must file a complaint within 6 years from the day the offense was committed. Otherwise, your complaint will not be taken into account by the courts.

On the spot

To file a complaint, you must go to the police station or to the gendarme of your choice.

Who shall I contact

Police or gendarmerie services are obliged to register your complaint if you are a victim of infringement.

The complaint is then forwarded to the public prosecutor for him to decide on what to do next (investigation, no follow-up classification, etc.).

If you don't know the perpetrator, you can fill out a online pre-complaint before you move.

Online Pre-Complaint

Then you need to sign your complaint on-site in the police station or the gendarmerie brigade that you chose.

By mail

You can file a complaint with the public prosecutor.

To do this, you must send an email to the court of law of the place of the offense or of the domicile of the offender.

Who shall I contact

Your mail should include the following:

  • Your marital status and full contact information (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Name and address of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Your proof documents: medical certificates, work stoppages, photographs, videos, miscellaneous invoices, findings, etc.

You can use the following mail template:

File a complaint with the public prosecutor

You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.

You can also file your complaint directly at the courthouse.

In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.

Warning  

In case of home robbery, you should not touch anything until the arrival of the police or gendarmerie. If you can, take pictures of your home.

You can be assisted by a lawyer if you wish.

Who shall I contact

Please note

If you have low resources, you can apply for legal aid to pay the costs of a lawyer in whole or in part.

3. Seeking compensation for damage

You can ask for damages for the compensation of the damage caused to you by the theft civil party following the filing of the complaint.

You can request a copy of the statement of complaint. This part can be claimed by your insurance.

The damage to be repaired concerns both the object of the theft (if it cannot be repaid) and the ancillary damage (broken door, moral damage...).

Most of the time, the criminal conviction and the claim for compensation are processed at the same time.

4. Request the return of the stolen object

If the stolen item was found during the police or gendarmerie investigation, you can request its restitution during investigation or after trial.

You have to use the form and send it to the court.

Request for the return of an object placed in the hands of the court

Who shall I contact

Who can help me?

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