Is theft in the certificate of good conduct?

Theft is a criminal offense. Section 242 threatens the thief with a prison sentence of up to five years or with a fine. Even the attempt is punishable.

The federal central register also registers theft

If the thief is convicted by the criminal court, the conviction is entered in the federal central register. Section 4 BZRG is decisive. It records every legally binding criminal conviction in Germany. The prerequisite is that an unlawful act has been punished. Punishment is any imprisonment or fine. In juvenile criminal law, warnings, imposing conditions or juvenile detention are not punishable. These measures are of an educational nature and are not considered a punishment (Section 13 JGG).

The size of the penalty is irrelevant. Even those who are only sentenced to "daily rates" will be punished. What is decisive is that the perpetrator has committed an illegal act. A few daily rates are sufficient. The limit of 90 daily rates has a different meaning: instead of a judgment after an oral main hearing, a penalty order is sufficient. A penalty order can be issued in a written procedure without an oral hearing.

Every penalty is stated in the certificate of good conduct from 91 daily rates

The federal central register is one thing, the certificate of good conduct is another. The conviction to a fine of not more than 90 daily rates leads to an entry in the federal central register. If the convicted offender then needs a certificate of good conduct, the conviction only appears if it does not exceed 90 daily rates. It is mentioned from 91 daily sentences (§ 32 para. 2 No. 5 a BZRG). The prerequisite is that it is the first entry. If a predicate offense has already been entered, each of the convictions is on the certificate. The amount of the convictions does not matter. So anyone who has been sentenced to a fine of no more than 90 daily rates can call himself "not previously convicted". The condemnation does not stand testimony. The legislature wants to give the offender the chance to prove himself. As far as he can be deterred by the conviction, he should not be disadvantaged in social life. The same applies if the thief is sentenced to imprisonment or arrest of no more than three months. This penalty does not appear in the certificate either (Section 32 subs. 2 No. 5 b BZRG).

It is different with official and police clearance certificates. Convictions up to 90 daily rates are entered in this. The focus here is on the public interest. They are to be given priority.

An "extended certificate of good conduct" means that additional information about the perpetrator's personality is desired. Theft is usually not mentioned here either. Mostly it is about sexual offenses. Affected are people who apply as teachers, supervisors, bus drivers, lifeguards or kindergarten teachers.

Young people and adolescents have a special chance to prove themselves

Is the culprit Teenager (up to the end of 17 years) the youth penalty is also entered in the federal central register. Convictions to youth sentences of up to two years on probation do not appear in the certificate of good conduct. Educational measures and disciplinary means (youth arrest) are not recorded in the federal central register either (Section 13 JGG). The same applies to adolescents between the ages of 18 and 21 if they are convicted under youth criminal law. If the conviction is based on their maturity according to adult criminal law, they will be judged as adults. Your conviction to a prison term of more than three months or to a fine of more than 90 daily rates will then also appear in the certificate of good conduct.

The convicted thief should use the first sentence as a warning. If there is another conviction, he can no longer keep his criminal past secret. He is at least risking his professional future.