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NOT ALLOWED All of Belgium Depends on the municipality

Is it still theft if I take something small from a supermarket without paying?

In short

Yes. However little it is worth, theft is a criminal offence (level 2). If violence or threats are used, it is level 3.

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This rule in 55 seconds
Video transcript

A small chocolate bar in the supermarket. Nobody is looking. Not allowed: However small the value, theft is a crime. The law has no exception for small amounts. The right way: Pay for what you take at the till. With violence or threats, the penalty is much heavier. Outcome (Level 2 crime): Theft: 6 mo–3 yrs or alternative; Theft with violence: 3 – 5 years prison; Also: Possible criminal record.

What is not allowed, what is required?

  • Taking someone else's property without the owner's consent, in order to keep it for yourself, is theft (diefstal / vol; Criminal Code art. 463). Taking it for a short time also counts.
  • Theft without violence or threats is level 2 (art. 465). The law makes no exception for items of 'low value'.
  • If the theft is committed at night (between 21:00 and 05:00), or the victim is a child or a vulnerable person, it goes up to level 3 (art. 466).
  • If violence or threats are used during the theft, it becomes theft with violence: level 3 (diefstal met geweld / vol avec violences; art. 467).
  • If the municipality has provided for this in its regulations and the public prosecutor does not bring proceedings, the municipality can impose an administrative fine (GAS / SAC) for simple theft: no more than 500 € for adults.

Penalty and indirect consequences

PENALTY NOTICECriminal Code, level 2
Fine / payment
Prison is a last resort; the judge can impose another penalty, such as community service. If there are mitigating circumstances, a level 1 penalty (for example, a fine of 200 € – 20.000 €) can also be imposed. If the municipality issues the fine: an administrative fine of no more than 500 €.

Legal basis:Strafwetboek (W 29.2.2024) Boek I, art. 36FOD Justitie – Hervorming Strafwetboek

Court / prison
Theft (level 2): 6 months – 3 years in prison or an alternative penalty. Theft at night or with violence (level 3): 3 – 5 years in prison.

Legal basis:Strafwetboek (W 29.2.2024) Boek I, art. 36

What does this level mean? Criminal Code, level 2: 6 months – 3 years in prison or an alternative sentence. All penalty levels →

What really matters: the indirect consequences

What do these terms mean?

GAS fine
An administrative fine imposed by the municipality itself. It is not a criminal sentence. The maximum is €500 for adults and €175 for minors. You can appeal within 1 month to the police court (the youth court for minors).
Criminal record
The state register of convictions handed down by a court. The extract asked for a job, residence or nationality application comes from it. Municipal GAS fines are not entered in it.

All terms: glossary →

Why does this rule exist?

Shop owners and staff earn their living from their work. Small thefts add up to big losses, and prices go up for everyone. The rule keeps everyone's property safe.

Where can you go?

  • Free first-line legal advice and pro deo lawyerA free or low-cost lawyer if your income is low
  • Justice HouseInformation and support for victims, accused people and convicted people (Justitiehuis / Maison de justice)
  • Emergency112 · Police 101
  • Social interpreterAt the municipality, the OCMW/CPAS, school and hospital, you can ask for an interpreter in your language; it is often free.

This site does not handle individual cases; it points you to the right service. All help addresses

Source and reliability

Official source
Source check
16 / 16 statements in an official source
Checked: 12.10.2026
Last checked
12.10.2026
Rules can change
Show the 16 checked statementsopen

The checked statements are in Turkish, as in the source text. This check does not replace legal advice.

General information, not legal advice. For your own situation, ask a lawyer or free legal aid. How was this information prepared?

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