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A friend of mine was arrested in Germany. He was fingerprinted,

A friend of mine was...
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?
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Answered in 2 minutes by:
7/25/2013
DirkBettinger
DirkBettinger, Rechtsanwalt
Category: German Law
Satisfied Customers: 743
Experience: 2. Staatsexamen
Verified

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?

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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 17,219
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
Verified

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
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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legal eagle
legal eagle
legal eagle, Attorney
Category: German Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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