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hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 2856
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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Dear Sir/Madam, I was arrested in Germany (munich) last

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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

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 and other German Law Specialists are ready to help you
Customer: replied 4 years 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

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