Skip to content
Emergency

Embezzlement: accusation and distinction from theft

In embezzlement, someone unlawfully appropriates another's property that they already possess, unlike theft, where the property is first taken away. A special case is found-property embezzlement, for example when found money is kept.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Create a letter →

Your chances of getting your money back

Embezzlement is the unlawful appropriation of another's movable property that one already possesses (§ 246 StGB). With a find, what matters is whether a duty to report or return was violated (found-property embezzlement).
With low value and minor fault, a discontinuance of the proceedings is possible. Anyone who hands over what they obtained or makes restitution improves their position.

What you should do now

  1. 1

    1. Remain silent

    Make no statements on the matter at first.

  2. 2

    2. Clarify the facts

    Have it examined whether an appropriation exists at all.

  3. 3

    3. Consider handing over

    Hand over what you obtained or offer restitution.

  4. 4

    4. Check discontinuance

    With low value, a discontinuance may come into consideration.

How to spot the scam

  • Found valuables are kept without a found-property report.
  • A hasty confession is given without knowing the file.
  • The distinction between mere possession and appropriation is overlooked.

Frequently asked questions

What is the difference between theft and embezzlement?

In theft another's property is taken away, that is, another's custody is broken. In embezzlement the offender already possesses the property and unlawfully appropriates it (§ 246 StGB), for example by keeping borrowed or found items.

Do I make myself liable if I keep found items?

Possibly as found-property embezzlement. Anyone who finds a lost item in principle has reporting and return duties. If you keep valuable found items instead of reporting or handing them over, that can be a punishable appropriation. For low value, exceptions apply.

Can the proceedings be discontinued?

With low value and minor fault, a discontinuance may come into consideration, sometimes against a condition. Handing over what was obtained and making restitution have a favorable effect. Have the facts examined before you comment or acknowledge anything.

Take action now

We put together the ready-made texts and the right places to contact for you.

Create a letterCheck a suspicious message
More help: Emergency by phone · Act together · Right to a lawyer · All guides

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.