My husband has stolen some money from me. Can I report this as a theft?

Q My husband stole money from me. Can I register a case of theft?

A Theft carries a term of imprisonment from six months up to three years or a fine. Attempted theft, which is also a crime, carries a punishment of three months up to 18 months or a fine. The Public Prosecutor charges the accused with theft. The exception to this rule is situations where theft is committed between siblings, parents and children or spouses, and where no third party rights accrue, in which case the public prosecutor only charges the accused on the complaint of the other party. However, if the crime of theft between such relations was also accompanied by aggravating circumstances such as carrying a weapon or committing theft at night, the Public Prosecutor has the discretion to charge the accused without any confirmation from the other party. Because he is your husband, you have to file a complaint and it will be at the discretion of the Public Prosecutor and the evidence presented whether your husband is charged.

My friend is being charged with aggravated theft. What is the difference between theft and aggravated theft?

According to Article 389 of the penal code, cases of aggravated theft include stealing in a place of worship, inhabited places such as schools, banks, homes, including the boundaries of a home, whether occupied or not. Forcing entry into a place that has boundaries preventing the general public from entering, using the key without authorisation and any act that causes damage while entering for the purpose of committing theft can result in someone being charged with aggravated theft. Committing theft on public or government transport, stealing using a false identity – which is an additional crime of falsification – theft by more than one person who agrees to commit theft and are present at the scene of the crime, theft of any property belonging to the Government as mentioned in Article 5, and theft of cattle are all examples of aggravating circumstances. Aggravated theft charges are more severe under law and carry a more severe punishment.