Caught Shoplifting: How the Fast-Track Trial Works

You have been caught leaving a shop with something you did not pay for, security staff have held you, and the police have been called. From there, the matter most often follows the route of a fast-track trial for theft. In this guide we explain, step by step, what happens from the moment you are caught until the trial, when the act is an offence or a mere minor theft, and how the plea agreement works. If what specifically concerns you is the criminal record from a minor theft in a shop, we have a specific guide on that point.

What happens next when you are caught

The shop's security guard can detain you in a proportionate manner until the police arrive. Once they intervene, they identify the people involved, take the store's account, list the items, and draw up the police report. In low-value thefts, the usual outcome is not an arrest but a summons to appear before the court. From that first moment you have two essential rights: to remain silent and to have legal assistance. It is advisable to exercise them: what you say without technical defence can shape the entire procedure.

Minor theft or an offence: the EUR 400 threshold

The classification depends, above all, on the value of what was taken:

• Minor theft (art. 234.2 CP): when the value does not exceed EUR 400. It is punished with a fine of 1 to 3 months and is tried through a streamlined process.
• Theft (art. 234.1 CP): when the value exceeds EUR 400. Penalty of imprisonment of 6 to 18 months.

That is why valuing the items is one of the most disputed issues: bringing the amount below EUR 400 completely changes the penal framework. Attention must also be paid to the aggravating circumstances of theft (for example, the aggravated theft under art. 235 CP) and to multiple reoffending: following LO 1/2026, anyone who has accumulated at least three final convictions for offences of the same nature can see a minor theft punished with the penalty for the basic offence.

The fast-track trial step by step

The fast-track trial (arts. 795 to 803 LECrim) is an accelerated procedure designed for flagrant, straightforward-to-investigate acts, as shoplifting cases usually are. Its basic stages:

1. Police report and summons: the police document the act and summon you before the duty court; if there was an arrest, you are brought before it.
2. Urgent proceedings: the court carries out what is essential (statement from the person under investigation, from the store, valuation of the items, security footage).
3. Statement as a person under investigation: with your lawyer present, you decide whether to make a statement or remain silent.
4. Plea agreement stage: the prosecutor brings the charge and offers a sentence; this is when you decide whether to accept it or go to trial.
5. Trial hearing (if there is no plea agreement): the evidence is heard and the judge delivers judgment.

The plea agreement under art. 801: a one-third reduction

The key point of the fast-track trial is the plea agreement under art. 801 LECrim: if the person under investigation acknowledges the facts and accepts the sentence requested before the duty court, that sentence is reduced by a third. It is a mechanism designed to resolve the matter immediately in exchange for that reduction. You can get an idea of the outcome with the plea agreement fast-trial calculator, but the decision should never be made without first assessing the evidence and the alternatives with a lawyer.

When a plea agreement is worthwhile and when it is not

A plea agreement is not always the best option. It tends to be worthwhile when the evidence against you is solid — clear footage, being caught with the items, identification by staff — and the one-third reduction, together with making good the harm, allows the matter to be closed with a manageable sentence. On the other hand, it is advisable not to rush when:

• There are doubts about who committed the act, or about whether there really was an intention not to pay (oversights, confusion at self-checkout).
• The amount is disputable and bringing it below EUR 400 changes the classification.
• The evidence has flaws (chain of custody, inconclusive footage, an irregular detention).

Acknowledging the facts is irreversible: that is why a prior assessment with a lawyer specialising in theft offences is decisive.

Criminal record and how to have it expunged

Any conviction for theft — including minor theft, even if it only carries a fine — creates a criminal record. It remains on file until it is expunged, which happens once the periods set out in art. 136 CP have elapsed from the completion of the sentence, without reoffending. You can estimate your period with the criminal record expungement calculator. The best way not to carry a record, however, is a defence that achieves dismissal, acquittal, or a more favourable classification from the outset.