Accused person: clarify the allegation and file first.
Do not give a spontaneous explanation before the object, alleged conduct and evidence are known. From a lawyer’s perspective, defence starts with file access and a structured chronology.
Property crimes
Permanent deprivation of property under section 135 StGB: not returning items
Section 135 StGB: permanent deprivation involving keys, documents, devices or plates. Distinction from theft and embezzlement.
Your personal attorney
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for criminal defence
Criminal proceedings are a matter of trust. One lawyer who walks with you from the first consultation through to the trial, everything from one hand.
18 August 2026 · Mag. Christopher Angerer, Rechtsanwalt
If keys, documents, devices or plates are not returned after a dispute, the issue is not always theft. Section 135 StGB concerns permanent deprivation of property, where a movable item is permanently withheld.
This article explains from a lawyer’s perspective when section 135 StGB becomes relevant, how it differs from theft, embezzlement and misappropriation, and which first steps are useful in return disputes.
Stay informed. New notes from the Brandauer network and current articles are available at brandauer-news.at.
Quick assessment
Which question should be clarified first?
The first reaction depends on the precise allegation.
Already know that you want to send an inquiry? Go directly to the inquiry form.
Which situation fits best?
For section 135 StGB, item, ownership, duration and appropriation intent must be separated.
All paths at a glance
Overview of all answers.
Prepare file access →
Affected person: secure evidence and define the aim.
Secure documents, messages and witnesses. Then assess whether a complaint, surrender request, seizure application or another procedural step is useful.
Return problem: check duration and possession.
Where items are not returned, clarify whether permanent deprivation was intended or whether a possession dispute, claimed right of retention or organisational problem exists.
Urgent situation: preserve evidence, do not improvise.
If an appointment, seizure or escalation is imminent, first preserve the current position. Then decide whether a statement, application or contact with the authority is useful.
Elements of permanent deprivation under section 135 StGB
Elements of permanent deprivation under section 135 StGB
Section 135 StGB protects the interest in not permanently losing a movable item belonging to another person. It is relevant where classic appropriation intent, as in theft, is not central.
Examples include keys, papers, plates, devices, tools or documents not returned after a conflict. The decisive point is whether the person entitled to the item is to be permanently deprived of it.
From a lawyer’s perspective, possession, ownership, return requests and documented communication should be clarified early.
Distinction from theft, embezzlement and misappropriation
Distinction from theft, embezzlement and misappropriation
Theft under section 127 StGB requires taking with appropriation intent. Embezzlement under section 133 concerns entrusted property. Misappropriation under section 134 concerns found or mistakenly received property. Section 135 has a different focus.
In private or business return disputes, labels are often mixed. Defence depends on which item was in whose possession and whether permanent deprivation was intended.
Related background is available on theft, embezzlement and misappropriation.
Evidence involving keys, documents and devices
Evidence involving keys, documents and devices
Important evidence includes handover records, messages, inventory lists, witnesses, photos, serial numbers and return requests. The condition of the item can matter if damage is also alleged.
Accused persons should not make the item disappear or give inconsistent explanations. Affected persons should clearly document the return request, not rely only on oral demands.
With vehicles, section 136 StGB may also matter if unauthorised use is alleged. That is separate from permanent deprivation of the item.
First steps in return disputes
First steps in return disputes
Anyone accused should first clarify whether a right to return later, a retention argument or a misunderstanding existed. Structured return may avoid escalation, but does not replace legal review.
Anyone affected should record the item, entitlement and return request in a provable way. Then decide whether criminal complaint, civil surrender claim or preservation is central.
From a lawyer’s perspective, a factual chronology helps separate a criminal allegation from frustration about delayed return.
Overview
Key review points in practice
Quick assessment
| Point | Meaning | First question |
|---|---|---|
| Item | movable object | What exactly is missing? |
| Belongs to another | another person is entitled | Who could dispose of it? |
| Duration | not mere delay | Was final deprivation intended? |
| Distinction | not automatically theft | What intent existed? |
Important: Do not let return disputes escalate. Document possession, return request and communication before acting.
Frequently asked questions
Permanent deprivation of property under section 135 StGB: not returning items: key questions.
What is permanent deprivation under section 135 StGB? +
It means permanently depriving another person of a movable item, without the case automatically being theft.
Is late return already criminal? +
Not automatically. Whether permanent deprivation was intended and the possession or return situation are decisive.
What should an affected person preserve? +
Item, entitlement, return request, messages, witnesses and existing photos or serial numbers should be organised.
Topics
section 135 StGBpermanent deprivationkeysdocumentstheftembezzlement
Interview, house search, indictment?
In criminal matters every hour counts. Call us directly or send an email, callback within one business day, earlier in urgent cases.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 660 2407152