Our law firm has successfully defended the rights of clients suspected of unauthorized electricity consumption in recent years. As part of gaining experience in this field, we have decided to share some interesting insights for those facing such charges.

💡 Important: Defending clients in cases of unauthorized electricity consumption is more complicated for lawyers unfamiliar with the subject matter because they must have at least basic technical knowledge in the field of high school physics, which is not common.

Is Unauthorized Electricity Consumption Theft?

Although we have encountered the legal myth among the general public that such conduct is not criminal, this is obviously not true. Clients often had the impression that electricity is just intangible energy, not a thing, and therefore cannot constitute theft.

However, electrical energy is defined as a thing under the Civil Code and legal protection applies to it as to other, e.g., tangible things.

How Does the Electricity Distributor Proceed When Suspicious?

In case of suspicion of unauthorized electricity consumption, the distributor usually conducts an unannounced local investigation through inspection technicians who:

  1. check the connection of the main electricity meter and HDO connection
  2. measure immediate electricity consumption on individual phases
  3. notify the customer that they are measuring

The moment when there is a significant drop in immediate consumption, suspicion arises that the user is consuming electricity without authorization. This is usually followed by measurement with a PMC device and the matter can escalate to a house search.

Can You Defend Against Unauthorized Electricity Consumption?

Fortunately, there is a very effective defense in criminal proceedings. Since our office has always been successful in defending our clients, civil proceedings with the distributor followed, even though it was doomed to failure from the start.

The Problem with Damage Calculation

In cases of unauthorized electricity consumption, it is usually not possible to determine the exact amount that was consumed, so the law introduced the so-called penalty regulation, based on which a fictitious calculation of consumption is made according to significantly overpriced rates (without considering the distribution tariff) according to the current regulation of the Energy Regulatory Office.

However, case law, especially the Constitutional Court, has already expressed its opinion on the application of the penalty regulation, and the penalty regulation should not be used against properly raised objections by the consumer.

In case a consumer faces suspicion of unauthorized electricity consumption, our office is ready to help them.