How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask hhvgoetz Your Own Question

hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1751
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
Type Your German Law Question Here...
hhvgoetz is online now
A new question is answered every 9 seconds

Dear Sir/Madam, I was arrested in Germany (munich) last

Customer Question

Dear Sir/Madam,

I was arrested in Germany (munich) last week. I was on the back of a bike which my friend was driving and we fell off it an broke the wheel. It was not our bike, although (and I am not sure if the police were even bothered) we had no intention of taking it we were just driving it around the square whilst waiting for our friends to come out the pub, we would of put it back.

I have been charged with Diebstahl eines fahrrade (Par 242 stgb) and Sachbeschadigung (par 303 stgb) which using google translate is theft of a bike and damaging property. What can the exepected punishment be for such a crime. Also as long as I pay the fine etc will I be OK to go back to the country as I go to germany 5/6 times a year (I am a british citizen). Also they gave me a person to contact (a certificate of authority to accept service). Who is this, is it a state assigned lawyer. I have wrote to him but received no response. They only gave me an address as well and I cant find this man on the internet either
Submitted: 1 year ago.
Category: German Law
Expert:  hhvgoetz replied 1 year ago.

Hi,

 

even just using the bike without permission is a criminal offense in Germany.

 

http://www.gesetze-im-internet.de/stgb/__248b.html

 

The punishment may be slightly less than for § 242 (stealing).

 

You can expect around 1-2 monthly salaries (30-60 Tagessätze, day's salaries) fine if you have no criminal record.

 

In case you don't receive a letter to show up at court but a so called "Strafbefehl" from the state attorney (Staatsanwaltschaft), you'll need to appeal within 2 weeks if it is not correct. You can also limit the appeal to the amount, for example the day's salary (Tagessatzhöhe) is too high.

 

However, usually the fine in a Strafbefehl is slightly lower than before court.

 

The address "Löwengrube 3" is just the police headquarters:

 

http://www.polizei.bayern.de/muenchen/wir/organisation/dienststellen/index.html/58890

 

Regards

hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1751
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
hhvgoetz and 2 other German Law Specialists are ready to help you
Customer: replied 1 year ago.


Will I be expected to attend court or can I just plead guilty and pay the fine. Is a strafbefehel basically pay the fine before I have to attend court and if I dont attend I will be summoned. Also will I still be OK to travel to germany should I pay the fine

Expert:  hhvgoetz replied 1 year ago.

You just don't appeal to the Strafbefehl and pay the fine. That would be all.

A problem when entering Germany will only occur if you don't pay the fine.

 

Regards

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • RA Schiessl

    Attorney

    Satisfied Customers:

    12
    Attorney-at-law with more than 16 years of experience - board certified specialist.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/RASchiessl/2013-3-18_10659_1.64x64.JPG RA Schiessl's Avatar

    RA Schiessl

    Attorney

    Satisfied Customers:

    12
    Attorney-at-law with more than 16 years of experience - board certified specialist.
  • http://ww2.justanswer.com/uploads/SC/SchiesslClaudia/2013-11-27_153731_unnamed2.64x64.jpg legal eagle's Avatar

    legal eagle

    Attorney

    Satisfied Customers:

    538
    20 years of experience in all kinds of law, especially employment law and family law.
  • http://ww2.justanswer.com/uploads/HH/hhvgoetz/2012-9-26_165512_DSC05932KopieKopie.64x64.JPG hhvgoetz's Avatar

    hhvgoetz

    Rechtsanwalt, LL.M.

    Satisfied Customers:

    94
    LL.M. in International Trade Law (Newcastle upon Tyne, UK)
  • http://ww2.justanswer.com/uploads/a.merkel/bwbilda.jpg a.merkel's Avatar

    a.merkel

    Rechtsanwältin; LL.M. Eur.

    Satisfied Customers:

    62
    1.+ 2. Staatsexamen; LL.M.(Master of Law)
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    45
    UK based Immigration Solicitor