Theft is committed by anyone who takes another person’s property with the aim of unlawfully keeping it. The penalty depends mainly on the value of the stolen item and the method used; below HUF 50,000 it is, as a rule, a petty offence.
Typical situations
- shoplifting, when an item is not paid for at the checkout;
- burglary of a flat, cellar or car;
- pickpocketing on public transport;
- “taking things home” from work – if the item was not entrusted to the person (otherwise it is embezzlement);
- taking the belongings of a flatmate or partner living in the same home.
Value thresholds
| Value | Category | Penalty in the basic case |
|---|---|---|
| up to HUF 50,000 | petty offence (see below) | – |
| HUF 50,001 – 500,000 | small value | up to 2 years |
| HUF 500,001 – 5 million | larger value | up to 3 years |
| HUF 5 – 50 million | substantial value | 1–5 years |
| HUF 50 – 500 million | particularly large value | 2–8 years |
| over HUF 500 million | particularly substantial value | 5–10 years |
Even below HUF 50,000 it is a criminal offence if committed, for example, by breaking in (force against property), by pickpocketing, in a criminal conspiracy, on a commercial basis or by entering a home without permission. Burglary, pickpocketing, criminal conspiracy and commercial activity also raise the penalty by one level at higher values. The value is determined on the basis of the retail price at the time of the offence.
What does the defence look at?
- The value: a few thousand forints can decide whether it is a petty offence or a crime, and which category applies. The value established by the authorities can be challenged.
- Intent: a person who took something by mistake or intending to return it does not commit theft.
- Aggravating circumstances: a finding of “burglary” or “commercial activity” significantly increases the penalty, so the defence examines the evidence for these separately.
- Compensation: paying back the damage is an important mitigating factor and can make mediation or a quick conclusion of the case possible.
Frequently asked questions
What if the victim is a relative of mine? Theft committed against a relative is punishable only on a private motion – if the victim does not request it, there are no proceedings.
What should I do after a shoplifting incident? You are not obliged to sign a written confession for the security staff. At the police station, ask for a lawyer.
Theft or embezzlement? It is theft if the item is taken; it is embezzlement if the person already had it because it had been entrusted to them.
Facing criminal proceedings in Hungary? Read more about your defence options and what to do next: Theft – defence lawyer →
The full text of the relevant provisions of the Hungarian Criminal Code is available on the Hungarian version of this page. This article is for general information only and does not constitute legal advice.
About the author: Dr. László-Tamás Benő is a criminal defense lawyer in Budapest. He graduated in law in 2001 (Pázmány Péter Catholic University) and has worked as a defense lawyer since 2002, representing clients in more than 4,000 criminal cases. Contact →