criminal-law england-and-wales any-jurisdiction
Why doesn’t the maxim of de minimis apply to shoplifting or other petty crimes, or does it?
<p>If you steal a candy bar does de minimis apply? Why or why not? What’s about other forms of crime in general?</p>

<h2>Because it's a <a href="https://youtu.be/jl0hMfqNQ-g" rel="nofollow noreferrer">guideline, not a rule</a></h2>
<p>It falls within the scope of prosecutorial (and judicial) discretion rather than being a law with force of its own. For shoplifting, a police officer is far more likely to issue a warning than make an arrest - that's de minimis at work.</p>

<h1>The punishment should also fit the crime.</h1>
<p>It costs real money to prosecute. It also cost more money to prosecute than to defend. Also, depending on the location DA offices (or the UK equivalent) may be understaffed and overworked.</p>
<p>The unsavory reality is not every case can be prosecuted or should be. No justice system is perfect.</p>

<p>An assessment of <em>de minimis</em> is likely to account not just for a particular instance of a crime, but for that kind of crime in general.</p>
<p>In other words, small crimes which are nevertheless extremely frequent, characterised by repeat offences or widespread flouting, may not be considered <em>de minimis</em>.</p>
