Theft is the fraudulent taking of property belonging to another person. This offence is provided for and punishable under Article 311-1 of the French Criminal Code.

1. The material element of the offence of theft 

Theft consists of i) taking ii) property belonging to another person. 

The taking may be physical (physical removal of the property) or legal/intellectual, meaning that, even without physically removing the property, the person demonstrates an intention to act as its owner. 

The property may be any tangible movable property, excluding real estate. The theft of energy belonging to another person is, for example, expressly provided for. 

The property must belong to another person, meaning that if it has been abandoned, there is no theft. However, the distinction between lost and abandoned property is not always clear: for example, a mobile phone without a SIM card may be considered abandoned, whereas a torn-up letter found in a rubbish bin may be considered lost. It is presumed that where an item has significant value, its owner did not abandon it but lost it. 

2. The intentional element of the offence of theft 

The perpetrator must intend to appropriate property belonging to another person and to act as its owner. 

Penalties 

Theft is punishable by 3 years’ imprisonment and a fine of €45,000.  

Where the perpetrator is a legal person, the fines are increased fivefold and additional penalties may apply. 

Aggravating circumstances are provided for (Article 311-4 et seq. of the French Criminal Code). The penalties then range from 5 years’ imprisonment (for example: theft committed by several persons, theft from residential premises, or theft committed while concealing one’s face) to life imprisonment (where the theft is preceded, accompanied or followed by death). In this respect, it should be noted that theft is generally a misdemeanour but may become a felony depending on the seriousness of the circumstances. 

Attempted theft is punishable. 

Exemption from prosecution 

There is immunity between spouses, ascendants and descendants, except where the property concerned is essential to the victim’s daily life (Article 311-12 of the French Criminal Code), as is also the case with fraud. It should be noted that family immunity does not apply where the offence concerns means of payment, such as a bank card, whether the card was stolen or merely used (*Cass. Crim., 14 June 2023, No. 22-84591*).

Furthermore, an employee who takes documents from their employer in order to produce them in proceedings before the French Labour Court (Conseil de prud’hommes) is exempt from criminal liability, provided that the documents are necessary for their defence. 

Distinction between theft, breach of trust and fraud 

The main distinction between these three offences lies in the circumstances in which the property is transferred: 

• Where the transfer is involuntary, it constitutes theft; 
• Where the transfer is voluntary, it constitutes breach of trust; 
• Where the transfer is induced, it constitutes fraud. 

Your Criminal Defense with Maître Lois Pamela LESOT

Are you a victim or accused in a theft case?
Consult a lawyer: Maître Lois Pamela LESOT – 06.52.02.54.42 – lesot@loispamelalesot.com

The firm regularly assists and represents both victims and persons accused in theft cases, as well as in relation to all types of criminal offences, including handling stolen goods or money laundering.

If you wish to file a criminal complaint regarding theft, you can consult this article.
If you are accused of theft, you can prepare for police custody by consulting this article and for a voluntary interview by consulting this article.

Article date: 3 June 2024 | By Lois Pamela LESOT