Cheating on strawberries can be expensive: Why cheating at the discount store is no fun

Published on: June 18, 2025Categories: LegalReading time: 2 min.
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Christina Schröder writes about legal topics for the Love & Law blog at Recht 24/7.

A few cents saved - and suddenly in the sights of the law

It sounds harmless, almost creative: someone reaches for a bowl of strawberries of the cheap variety in the supermarket, but quickly pours in a few premium fruits of the more expensive category. The till shows 2.39 euros - a saving, you think. But what many people don't know: This very behavior can have criminal consequences.

What looks like a little trick is actually fraud in legal terms. And this can - yes, even with fruit - have really unpleasant consequences: A police report, a ban from the store, a fine or even a prison sentence. After all, anyone who deliberately manipulates a shop is no longer having fun, but committing a criminal offense.

Repacking, sampling, cheating - what is allowed

Particularly popular with discount cheats: strawberries, cherries, grapes - in other words, expensive, loose goods that are often "relabeled", tasted or put into cheaper packaging. The following applies:

  • Repackaging or incorrect weighing is fraud under § 263 StGB - even the attempt counts.
  • Tasting without paying is not harmless snacking, but theft according to § 242 StGB.
  • Incidentally, the so-called "theft by mouth" has been abolished since 1975 - so there is no longer a legal excuse for "just a few grapes".

One-off mistakes, such as when children take a piece of fruit or you make a mistake when weighing them, usually end up being harmless. The staff will usually be accommodating in such cases. But the fun stops when it's deliberate - and then you suddenly find yourself with a complaint in your shopping cart.

What are the real penalties?

Although not every case ends up in court, supermarkets are no joke when it comes to systematic cheating. The legal situation is clear:

  • Intentional fraud is punishable by up to 5 years imprisonment or a fine.
  • In practice, these are often 30-day sentences or house bans, which are painful enough for many.
  • Supermarkets can also claim damages under civil law - for example for lost revenue or the additional costs incurred as a result of such cases.

What's more, even seemingly minor tricks such as "re-taring" on the scales or transferring to other containers can be monitored - by camera or by trained staff. Anyone who thinks they are cleverer than the system is mistaken.

Hands off trickery in the supermarket

Anyone who starts to cheat when shopping will find themselves in the sights of the law sooner than they would like. And all this just to save a few cents? Let's be honest - it's not worth it. Of course you can discuss prices. Of course you can ask yourself why fruit is so expensive. But anyone who thinks they've found the loophole in the system by cleverly repackaging the fruit has only done one thing: put themselves out of business. If you cheat with strawberries, you don't risk a sweet harvest - but a sour surprise.

Avoid legal problems when shopping. Get advice from our experts and protect yourself from expensive penalties!

At a fixed price of 169 EURO (gross)