Overview
- Current guidance says walking off with a loaned mug constitutes embezzlement under §246 StGB because it was only entrusted for temporary use.
- The deposit serves as an incentive to return the cup rather than a purchase price, so ownership remains with the stallholder.
- Enforcement is uncommon as vendors factor in losses and kept deposits, and minor cases are often likely to be dismissed by prosecutors.
- Visitors who want a souvenir should ask to buy a mug at the stand or seek markets that run dedicated sales for official cups.
- Some vendors may allow customers to keep a mug if they intentionally forgo the deposit, but permission should be confirmed on site.