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legal eagle, Attorney
Category: German Law
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Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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A friend of mine was arrested in Germany. He was fingerprinted,

Resolved Question:

A friend of mine was arrested in Germany. He was fingerprinted, had a DNA test, and photographed. The next morning, the public prosecutor offered to let him pay a fine of 800 Euro under the German Criminal Code section 153a. He paid the fine and was immediately released and given back his passport.

Does paying this fine under 153a constitute a conviction under German Law? Will my friend have a criminal record in Germany? He was told the matter was over after paying the 800 Euro fine. Is it really over? If my friend leaves Germany and tries to come back, will that arrest prevent him from being able to enter Germany again on his American passport? Finally, where is that arrest record kept and how easy is it to access?
Submitted: 1 year ago.
Category: German Law
Expert:  DirkBettinger replied 1 year ago.

DirkBettinger :

Dear customer,

DirkBettinger :

The case has been closed becuase of paying the fine. Paying the fine does contitute a conviction! There will be no problems for your friend returning to Germany. The case is recorded in the so called "Bundeszentralregister" where all convictions are recorded.

DirkBettinger :

I hope that was helpful. Thank you fopr using Just Answer. Kind regards XXXXX XXXXX Attorney

Customer:

The internet research that I conducted said that paying the fine to the public prosecutor under Section 153a terminates the case. My friend did not see a Judge or receive an indictment or complaint from the public prosecutor prior to paying this fine. Another lawyer told me that paying the fine was not a conviction, but an agreement to pay the fine in exchange to drop the case. What is the Bundeszentralregister? Could that be accessible by countries outside of the EU?

Expert:  legal eagle replied 1 year ago.

Dear Customer,

 

 

 

 

thank you so much for coming here and using this site

 

 

 

 

The Bundeszentralregister is where all convictions are listed. Itis only accessible by certain authorities , for example should there be another criminal case the judge has access to the Bundeszentralregister where the 153 conviction is listed

 

 

 

 

This serves the purpose to be able to judge the personality it does not mean that your friend has a conviction It is NOT accessible from other countries outside the EU Your friend will NOT have a criminal record

 

 

 

 

 

 

He can come back anytime I hope I was able to help If so please remember to rate this answer positively thank you

legal eagle, Attorney
Category: German Law
Satisfied Customers: 10811
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
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