With fuel prices on the rise, the idea began to circulate on social media that filling up and leaving without paying could, after all, be cheaper than filling the tank within the law. The comparison, made in an apparently relaxed tone, puts face to face a tank of diesel costing more than 160 euros and a supposed ‘fine’ of 135 euros. But the reading is far from corresponding to legal reality.
According to , a website specializing in fact checking, the premise is based on a fundamental error: there is no fixed fine for anyone who leaves a post without paying. The situation actually constitutes a crime of theft, provided for in article 203 of the Penal Code.
Origin of the idea
The publication circulating on social media presents a simple reasoning. It starts from the amount needed to top up a large tank, pointing to around 164 euros, and compares it with a supposed fixed penalty of 135 euros.
As the same source points out, the message, although shared in a humorous tone, has been replicated as if it were a real possibility. However, it ignores essential aspects of the legal framework.
It’s not a fine, it’s a crime
The distinction is relevant. Unlike an infraction, which can result in a fine of defined amounts, theft is a criminal offense. According to article 203 of the Portuguese Penal Code, stealing someone else’s property with the intention of appropriating it is punishable by a prison sentence of up to three years or a fine, to be determined by the court.
This means that the amount to be paid is not fixed in advance. It depends on a judicial assessment that takes into account the seriousness of the act, the economic situation of the accused and other relevant factors. The calculation of the fine is based on a system of fine days, which can vary between 10 and 360 days, and each day corresponds to an amount between 5 and 500 euros, set by the court in accordance with the law.
There’s more than the fine
Even before any criminal conviction, there is another immediate consequence. The owner of the gas station has the right to be compensated for the loss suffered.
This includes not only the cost of the fuel, but also any additional damages and interest. In other words, even if there is no court decision yet, there is already an obligation to compensate.
How is the penalty calculated?
In the case of imposing a fine, the court uses a model that combines two factors. On the one hand, the number of fine days is defined, which reflects the seriousness of the crime. On the other hand, the daily value is established, adjusted to the defendant’s economic situation.
This system allows the sanction to be proportional and may vary significantly from case to case. There is, therefore, no standard value applicable to all situations.
Real cases show higher values
The idea that crime could pay off clashes with court practice. There are court decisions that demonstrate that the values applied can far exceed the values cited on social networks.
In one of the cases analyzed, the theft of fuel worth just over R$50 resulted in a total fine of R$600. In another case, which involved several accumulated thefts worth a total of around 217 euros, the court imposed a 300-day fine at the minimum rate, which translated into a total of 1,500 euros.
What the experts say
These examples illustrate that the penalty does not have a direct and simplistic relationship with the value of the fuel supplied. On the contrary, it can be significantly higher, especially when there is a repeat offense or other aggravating circumstances.
Ultimately, the legal framework allows the court to set the penalty in a way that ensures that the act does not pay off financially. In other words, the greater the benefit obtained from the crime, the greater the criminal response may be.
According to the same source, the conclusion is clear: there is no legal basis to say that filling up and getting away without paying is cheaper than complying with the law. Between damages, potentially large fines and even the possibility of prison time, the final bill could be substantially heavier than a full deposit.
Also read:
