Theft – definition
In criminal law, theft is the unlawful taking of another person’s movable property without their consent, with the intent to permanently deprive the owner of that property. Theft involves the physical removal or appropriation of property belonging to someone else and is characterized by the perpetrator’s awareness and purposeful intention to take possession away from the rightful owner.
In the context of Polish criminal law, theft is defined as taking someone else’s movable property for the purpose of appropriation, with penalties ranging from imprisonment of 3 months up to 5 years. Theft requires intentionality; accidental taking or mistaken belief that the property belongs to the taker does not constitute theft. Theft is a material crime, meaning the mere act of taking the property suffices, regardless of whether the intended crime (such as theft or damage) is completed.
Key aspects of the concept
- Theft involves the deliberate taking of someone else’s movable property without consent.
- The intent to permanently deprive the owner of the property is essential.
- The taking must be done knowingly and intentionally; accidental or mistaken taking is not theft.
- Polish law also criminalizes unauthorized obtaining of computer programs for gain as a form of theft.
- Penalties for theft in Poland generally include imprisonment from 3 months to 5 years; lesser thefts may result in fines or lighter penalties.
- Theft of items below a certain value (e.g., less than PLN 800) may be treated as a petty offense rather than a criminal act.
- Theft is distinguished from related crimes such as robbery (theft with force) and burglary (unlawful entry to commit a crime).
Examples of use of “Theft”
- Taking a neighbor’s bicycle without permission intending to keep it permanently.
- Stealing a computer program without authorization for financial gain.
- Removing valuables from a store without paying.
- Taking cash from a personal wallet belonging to another person.