German Court Rules Data Check Not Enough to Prove Theft in Mobile Phone Case
ESSEN,GERMANY – Germany’s Federal Court of Justice (BGH) overturned a guilty verdict in a mobile phone robbery case,ruling that simply plugging a phone into a jacket pocket for a data check does not automatically demonstrate intent to steal.The decision, published August 13th, sends the case back to a youth chamber of the Essen Regional Court for renegotiation.
The ruling clarifies a critical distinction between punishable theft and actions that, while possibly involving data access, do not meet the legal threshold for appropriation. This case highlights the increasing legal complexities surrounding data privacy and access in the context of theft, impacting how similar cases are prosecuted and potentially influencing future legislation regarding data offenses. Criminal lawyer Jens further emphasized the central importance of proving intent to permanently deprive the owner of their property.
The original case hinged on whether the act of connecting the phone to check data constituted an intention to appropriate the device. The regional court initially ruled that the connection implied such intent. However, the BGH disagreed, stating that the action could also be interpreted as a short-term backup for data verification, and without further evidence of a broader intent to steal, the guilty verdict was not justified.
The BGH decision also noted that while data deletion could, in some cases, justify an appropriation charge, the current evidence did not support that claim. The court stipulated that data offenses must be evaluated separately.
