In this article, we’ll talk about the typical ways to solve the issues associated with a false charge of theft from the store. However, it should be noted that each case is unique.
Center for Information and Legal Assistance “Merary” z.s. recently won in the court of the city of Brno a criminal case on charges of a buyer in a supermarket stealing from this store.
Everyone in his life can face the possibility of instituting a criminal case on him (without necessarily violating the law). As a human rights organization, we decided to explain the actions of citizens in respect of their legal rights, while trying to charge them with the theft of goods from the store.
So, you decided to go shopping in a big shopping center. Almost all bought, put the goods in the basket and headed for the exit, to the cash registers. After paying for the goods, suddenly, for example, the alarm went off at the outlet, or the security officer of the store unexpectedly approaches you, who informs you that he had a suspicion of committing you theft in the territory protected by him. He asks you to show him the contents of your personal bags, pockets. Let’s just say that such security actions are illegal. The maximum that security can do in this case is to detain the suspect and call the police to confirm or deny the theft.
If the employee insists on the examination of personal belongings, then remind him of your rights and ask to call the police. If a refusal is received, call the police yourself. Inspection of personal belongings, as well as the suspect himself, should be carried out only by the police and in the presence of witnesses (witnesses). If the suspect is found stolen goods, then this fact must be documented, with the signatures of all witnesses. Insist on receiving a copy of this document!
In addition, often store employees, security guards or police can demand that you immediately pay the fine for theft: do not agree in any way! It should be remembered: in order for you to be officially fined, you must pass a court hearing, after which you can be found guilty of the theft and only then will you fix the amount of the penalty you need to pay and receive the receipt in court. In the absence of evidence, you can win a court.
If you are extorting money on the spot, do not in any way agree to give it away. Most likely, the party that requires them, there are no legal grounds for charging you with theft. Even if you are presented with any evidence that you have found an unpaid thing – do not settle for such. Remember: by paying for the goods, you thereby confirm your guilt.
The law allows detaining a person accused of theft only if the detention is based on reasonable suspicions.
The following facts should be recorded, which can be obtained with the help of a CCTV camera:
1. It is clearly visible how the goods were taken in hand.
2. Putting the goods in a bag or pocket.
3. Movement with the goods is fixed.
4. There must be confirmation that the goods are not paid at the cash desk.
5. Detention must be carried out immediately upon leaving the store.
In cases when any illegal actions are taken against you, you can file a claim with the court or the prosecutor’s office and demand compensation for moral damage.