Theft and shoplifting in Belgium: penalties and ways out

A moment of thoughtlessness in a department store, an accusation of theft at work or suspicion after a burglary: a theft or shoplifting case often has consequences that seem out of all proportion. You may face a summons, a criminal record and sometimes dismissal from your job. Yet, especially for a first offence, there are more ways out than many people think. This article explains the theft and shoplifting penalties under Belgium’s new Criminal Code (Strafwetboek / Code pénal) since 1 September 2026, and the options open to you.

What is theft?

Theft is the fraudulent taking, even temporarily, of a thing belonging to another person (Article 463 of the Criminal Code). Two elements are crucial:

• the taking of someone else’s property, without the owner’s consent;
• fraudulent intent, meaning the intention to appropriate the item or to dispose of it as if you were the owner. Without that intent there is no theft. Someone who forgets to pay for an item, or takes something in the belief that they are entitled to it, does not in principle commit theft.

The words “even temporarily” confirm that taking someone else’s property in order to use it for a while, for example a vehicle, is also theft. This was already the case under the old Criminal Code (Article 461, second paragraph).

Shoplifting is not a separate offence but ordinary theft, even when the item is worth only a few euros. The value of what was taken does, however, influence the public prosecutor’s decision and the sentence.

Theft and shoplifting penalties in Belgium since 1 September 2026

The new Criminal Code groups penalties into penalty levels (strafniveaus / niveaux de peine). Article 36 of the Criminal Code sets out which penalties belong to each level.

• Theft without violence or threats, such as shoplifting or theft at work, carries a level 2 penalty (Article 465). This may be imprisonment from six months to three years, but also electronic monitoring, community service (werkstraf / peine de travail) of more than 120 and up to 300 hours, a probation order or a conviction by declaration of guilt (veroordeling bij schuldigverklaring / condamnation par déclaration de culpabilité). Where there are mitigating circumstances, the court may impose a level 1 penalty without imprisonment, for example a fine or shorter community service.
• Aggravated theft carries a level 3 penalty, i.e. imprisonment of more than three and up to five years. This applies where the offender entered a place not accessible to the public while having reason to believe that someone was present, for example an occupied home; where the victim is a minor or vulnerable; where the offender used a false identity or capacity or invoked a false order of the public authorities; or where the theft was committed at night, between 21:00 and 5:00 (Article 466 and Article 79, 24°).
• Theft with violence or threats carries a level 3 penalty (Article 467). With aggravating circumstances, such as the use of a weapon or committing the offence with two or more people, this rises to a level 4 to 6 penalty (Article 469).

Breaking in, climbing in and the use of false keys are no longer separate aggravating circumstances. When setting the sentence, the court takes into account, among other things, whether the theft was committed against the offender’s employer or with the help of a vehicle (Article 474).

Anyone who buys or keeps stolen goods knowing that they come from an offence is also liable to prosecution: handling stolen goods (heling / recel) carries a level 3 penalty (Article 501).

Offences committed before 1 September 2026

For offences committed before that date, the rules of the old Criminal Code apply, unless the new rules are more favourable (Article 2 of the Criminal Code). Simple theft was then punishable by imprisonment of one month to five years and a fine (Article 463 of the old Criminal Code). Theft involving breaking in, climbing in or false keys was a form of aggravated theft. Which regime is more favourable has to be compared case by case, particularly for aggravated theft, where the circumstances are defined differently.

How does a shoplifting case unfold?

Anyone caught in the act in a shop may be held by staff or a security guard until the police arrive. The police draw up an official report, question you and send the file to the public prosecutor’s office (parket / parquet). Deprivation of liberty without a warrant from an investigating judge may last no more than 48 hours, but in a simple shoplifting case you are usually released after questioning. You are not obliged to sign a confession or an acknowledgement of debt on the spot.

The prosecutor then decides whether to drop the case, propose an alternative or summon you before the criminal court (correctionele rechtbank / tribunal correctionnel). Find out what to do if you have been summoned before the criminal court.

Ways out without a conviction or with a lenient sentence

Especially for a first offence with limited damage, there are several options:

• Dismissal of the case (seponering / classement sans suite), with or without repayment of the damage.
• An out-of-court settlement (minnelijke schikking / transaction): you pay a sum of money, compensate the victim’s loss and the prosecution lapses, without a conviction (Article 216bis of the Code of Criminal Procedure). Read more about settlements in criminal cases.
• Penal mediation (bemiddeling in strafzaken / médiation pénale), with compensation for the damage and possibly a training course or supervision (Article 216ter of the Code of Criminal Procedure). If you keep to the agreements, you also avoid a conviction.
• Before the court: suspension of the pronouncement of sentence (Article 64 of the Criminal Code), a suspended sentence (Article 65), community service (Article 45) or a probation order. Suspension and community service require your consent. They do not appear on the ordinary extract from the criminal record (Article 595 of the Code of Criminal Procedure), although they remain registered in the Central Criminal Record.

Which option is realistic depends on the facts, the damage, your criminal record and the timing. That is precisely where good legal assistance makes the difference.

If you dispute the facts

Not every accusation is well founded. Disputes about till transactions, incomplete camera footage, mistaken identity or collective suspicion in the workplace are common.

The defence tests the evidence of the taking, the identification and above all the fraudulent intent. The criminal file must establish with the required certainty that you intended to appropriate the item. If there is reasonable doubt, the court must acquit you.

The civil side: compensation and dismissal

Shops sometimes use a debt collection agency to claim a flat-rate fee or “administration costs”. Such amounts are not automatically owed: compensation must in principle be based on actual loss. If you dispute the claim, the shop must prove its loss, for example by joining the criminal proceedings as a civil party. Do not sign or pay anything without advice.

In the case of theft at work, employment law also comes into play. Dismissal for serious cause (ontslag om dringende reden / licenciement pour motif grave) must be given within three working days after the employer has gained sufficient knowledge of the facts. If the reason is not stated in the dismissal letter, the employer must notify it within the following three working days (Article 35 of the Employment Contracts Act). These deadlines are often disputed in practice: read more about dismissal and notice periods in Belgium.

Frequently asked questions

Will shoplifting automatically appear on my criminal record?

No. A dismissal of the case, an out-of-court settlement or successful penal mediation does not lead to a conviction. Before the court, a suspension or community service can avoid an entry on the ordinary extract. Find out how to clean up your criminal record.

I have been invited to a police interview. What should I say?

Nothing until you know your rights and the facts. You have the right to remain silent, the right to a confidential consultation with a lawyer before the interview and the right to the lawyer’s assistance during the interview. Read more about your rights during a police interview.

I paid for or returned the item straight away. Is the matter closed?

Not automatically. Returning or paying for the item does not undo the offence, but the prosecutor and the court do take it into account. It often improves the chances of a dismissal, a settlement or a lenient sentence.

My child, who is a minor, was caught. Do the same rules apply?

No. Minors fall under youth justice law, with their own procedures and measures, which differ from one Community to another. A minor cannot waive the assistance of a lawyer during a police interview, and a lawyer is mandatory before the youth court (jeugdrechtbank / tribunal de la jeunesse). Parents may be civilly liable for the damage.

Novex Advocaten is here to help

Accused of theft, shoplifting or handling stolen goods? We examine the file, negotiate with the public prosecutor where this makes sense and defend you in court, in Dutch, French, English or Arabic, with the discretion such a case requires.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.