Can I go dumpster diving (containern)?
Legally no. In 2026, dumpster diving — taking discarded food from bins or containers — is still generally punishable as theft (§ 242 StGB) in Germany. The reason: under waste law, discarded goods remain the shop's property until the waste contractor collects them — ownership is not "given up". Since January 2024 the justice ministries recommend dropping minor cases more often (via the RiStBV), but that doesn't make it legal. Trespass or criminal damage is often added when people climb fences or break locks.
📋 The rules
- Dumpster diving generally meets the theft offence (§ 242 StGB)
- Discarded food stays the shop's property (waste law)
- Since 2024: minor cases should be dropped more often (RiStBV) — still punishable
- Trespass (§ 123 StGB) on fenced/locked premises
- Criminal damage (§ 303 StGB) when breaking locks/bins
🔓 Exceptions
- Express consent of the shop operator (e.g. released "food-sharing" shelves)
- Freely accessible donation/give-away boxes are not theft
- Dropping the case for triviality (§ 153 StPO) — prosecutor's discretion
⚠️ Penalties & fines
Theft carries a fine or imprisonment of up to five years. In practice, minor dumpster-diving cases are often dropped under § 153 StPO or settled with a mild sanction — but that's not an acquittal. If trespass or criminal damage is added, the risk of a conviction rises sharply.
📎 Official sources
- § 242 StGB · Theft →
- Verbraucherzentrale · Dumpster diving — what it is and why it's banned →
- LTO · Dumpster diving: proceedings should be discontinued →
❓ Frequently asked
Is dumpster diving legal in Germany?
No. Dumpster diving generally meets the offence of theft under § 242 StGB, because discarded food stays the shop's property. It hasn't been legalised in 2026 — only the dropping of petty cases is recommended.
What changed in 2024?
The justice ministries suggested, via the RiStBV, dropping minor dumpster-diving cases more often, e.g. under § 153 StPO. That's a procedural matter — the act itself remains punishable, it's not a free pass.
Why is it theft if it's rubbish?
Because ownership of the goods isn't given up: under waste law they remain the shop's property until the waste contractor collects them. So you take someone else's property — that's theft.
What's often added to the theft?
Trespass, if the premises are fenced or the gate is locked, and criminal damage if you break a lock or bin. These offences markedly raise the risk of a conviction.
How can I get rescued food legally?
Through food-sharing and "fair-share" initiatives, released give-away shelves, or with the shop's express permission. Some businesses deliberately pass on surplus goods — then it isn't theft.
🔎 Common searches
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