Theft, burglary

Theft occurs when a person takes and removes property or something that does not belong to him.

The perpetrator is aware of the act committed, for He acts with the aim of taking the thing from others. For example, stealing a piece of fruit from a merchant's display in a market is shoplifting. “Pickpocketing” is theft that involves taking an object that the victim carries with them, in a pocket or bag.

Theft occurs regardless of the value of the stolen object.

In order for a flight to occur, all of the following conditions must be met:

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

Robbery between spouse or between child and parent is recognized only where the object of the flight is a document indispensable to everyday life: identity card, means of payment.

If the theft is committed by the person in charge of a protection measure (guardianship, curatorship,...)However, 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.

Aggravating circumstances exist 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 who is a depositary of public authority (police officer, gendarme, for example)
• By a person claiming to be a police officer, gendarme or 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 that is, an agreement between persons to prepare an offense
• With severe violence (torture or barbaric acts) resulting in mutilation, permanent disability or death.

Theft is said to be "false police" 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 then be stolen without being damaged to enter and steal it.

Simple theft is less severely punished than aggravated theft.