In theft cases involving rental cars, what type of case is it if the rental period is overdue but the company is not willing to prosecute?

In the scenario where a rental car is overdue and the company does not wish to pursue prosecution, the situation typically shifts from a criminal context to a civil one. This is because theft generally requires intent to permanently deprive the owner of their property. If the rental agency opts not to take legal action, it indicates that they do not perceive the situation as theft—potentially viewing it as a breach of contract instead.

The appropriate legal route for the rental company in this case would be to seek a remedy through civil litigation, addressing the breach of contract. In civil cases, the focus is on securing compensation or enforcing the terms of an agreement rather than punishing criminal behavior. Thus, it aligns with the nature of rental agreements, where the terms of use are defined, and exceeding the rental period constitutes a violation of those terms rather than a criminal theft offense, especially when no intent to permanently deprive is demonstrated.