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
Unauthorised use of vehicles under section 136 StGB
Section 136 StGB: vehicle used without consent, return, distinction from theft and first steps.
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Mag. Christopher Angerer, Rechtsanwalt
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16 August 2026 · Mag. Christopher Angerer, Rechtsanwalt
Not every unauthorised drive is automatically theft. Section 136 StGB concerns unauthorised use of vehicles and has its own focus: use without consent, often without intent to appropriate.
This article explains from a lawyer’s perspective how vehicle use, return, key access and distinction from theft or embezzlement are assessed in criminal proceedings.
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Quick assessment
Which question should be clarified first?
The first reaction depends on the precise allegation.
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Which situation fits best?
For section 136 StGB, object, access, authority and 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 or another procedural step is useful.
Evidence: keep the original context.
Messages, devices, cards, documents or vehicles should not be changed. The original context may later be decisive.
Context: separate authority and role.
In family, business or shared access situations, much depends on who was authorised to do what and what the person knew.
Elements: use rather than appropriation
Elements: use rather than appropriation
Section 136 StGB concerns the use of a vehicle without the entitled person’s consent. The key point is not only taking but the use itself.
The offence is especially relevant where return is claimed or a lending context exists. Examples include company cars, rental cars, test drives and private key access.
From a lawyer’s perspective, the file must show whether only use or appropriation is alleged.
Evidence: keys, handover, trip and return
Evidence: keys, handover, trip and return
Important evidence includes key handover, messages, location data, fuel or parking receipts, witnesses, rental documents and time of return.
Where use had previously been allowed, the later withdrawal of consent can be decisive. The timing must be reconstructed precisely.
Accused persons should not give a spontaneous explanation about consent or return without knowing the evidence.
Distinction from theft, embezzlement and misappropriation
Distinction from theft, embezzlement and misappropriation
Theft under section 127 StGB focuses on taking with intent to appropriate. Section 136 StGB may apply where unauthorised use is central.
Embezzlement and misappropriation concern different settings: entrusted property, found property or appropriation. For vehicle use, the concrete permission is central.
This distinction affects defence aim, evidence motions and possible restitution.
First steps after complaint or return
First steps after complaint or return
Accused persons should preserve all messages about permission, use and return. A later return does not automatically exclude liability but can be important.
Entitled persons should document when use was prohibited, when the vehicle was missing and how it returned.
From a lawyer’s perspective, a minute-by-minute chronology is often decisive.
Overview
Separating section 136 StGB from neighbouring issues
Vehicle, consent, use and return are central.
| Point | Meaning | First question |
|---|---|---|
| Vehicle | Car or other vehicle | What was used? |
| Consent | Permission or withdrawal | Who was allowed to drive? |
| Use | Actual use | How long and where? |
| Return | End of use | When did it come back? |
Important: Preserve messages about permission, return and key access. These details often decide the distinction from theft.
Frequently asked questions
section 136 StGB: key questions.
What is unauthorised use of vehicles? +
It means using a vehicle without the entitled person’s consent. The distinction from theft depends strongly on intent.
Is an unauthorised test drive theft? +
That cannot be answered generally. Permission, scope, return and intent to appropriate must be assessed carefully.
Which evidence matters? +
Messages, key handover, location, fuel receipts, witnesses and return time are often decisive.
Topics
section 136 StGBvehiclecarusetheftcriminal proceedings
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