Help required in the case of negligence use of semester ticket.

31. Januar 2017 Thema abonnieren
 Von 
JonDoe
Status:
Frischling
(10 Beiträge, 1x hilfreich)
Help required in the case of negligence use of semester ticket.

Hello,

I need legal advice regarding a criminal offense.
I am an international master student. Currently I am writing my thesis in a firm in a city different from my university. I have an urgent situation to tackle and I am writing this to get an advise regarding the same.

I have recently got a notice from Bundesplizeidirektion asking me to reply for an incident happened 5 months ago in August ending. Since this notice is served at my residence in my student wohnheim at university, which is on a temporary lease to another person, he forgot to tell me about this letter. Because of this, I got this letter very late, this Saturday only. It states that I should have replied by 23 January which is already gone. What can I do immediately to avoid escalation of matter?

About the incident: me and one of my friend was visiting a friend of mine in Cologne. I had a postbus ticket which mentions that "The Postbus ticket is valid as a public transport ticket for travels to and from Cologne city (valid on the day of the Postbus trip)". Though we tried to verify it's validity by asking people at the bus station after getting down, we however couldn't make out completely because our German is poor. But we understood that we can use it for that time in cologne city. We had other doubts about the validity of the ticket, like if we can use it multiple time and which all local areas it will cover. My local friend mentioned that his semester ticket allows one more person over the weekend. We were three persons, with one valid semester ticket, which should allow two persons for sure and postbus ticket for third person, whose validity we weren't sure of. So I asked another friend if we can use his semester ticket for that "extra person" allowed in the semester ticket. Considering we already had the Postbus ticket, for which we had some doubts, and if that didn’t work since an extra person is allowed with their semester ticket, we could use this extra semester ticket as a valid ticket for just one person. We were unsure about this validity as well but we hoped we will have a backup. This confusion was from the fact that our own semester ticket allows only one person, the ticket holder. Our plan was to clarify these fact and validity with some authority before using them.

However, when we had to use the transport later at night, we were late at the train station and couldn’t find someone to ask about this. We met few people but couldn't make them understand the issue. Since the train already arrived, we didn’t have time to buy a ticket either. Hence we boarded the train without confirming the facts. This was my biggest stupidity. During the journey, control police asked for the tickets, since I couldn’t ask for the validity of Postbus ticket before I presented the semester ticket considering an extra person is allowed besides the owner of semester ticket. On presentation of semester ticket but mismatching of my ID with the ID on semester ticket, Policeman confiscated the semester ticket and gave us fine receipt stating only the original person should carry his semester ticket. The fine is already paid next day.

In short, I got apprehended as, in possession and use of someone else's semester ticket, which should be personal only. I have already paid the fine next day but recently I have been summoned with a notice sent on 8th January. Since I am a student I don't have enough money to pay to the lawyer. I asked my university Asta already and they have given me an appointment for 9th February.
I have two major problem for now:
1) Since 23rd January is already gone, how and what should I reply to them? Or is their a way to alleviate the issue?
2) How to proceed with the case?

Request you to advise how I should proceed.

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20 Antworten
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#1
 Von 
Krypton
Status:
Praktikant
(556 Beiträge, 448x hilfreich)

Hello,

would you be so kind to tell us about the exact content of the Bundespolizeidirektion's notice? Is it only a request to offer an item of written content? Or were you prompted to appear to a certain police station before 23d January?

Kindly
Krypton

Signatur:

Ich sage das, was ist - nicht das, was man vielleicht gerne hätte.

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#2
 Von 
JonDoe
Status:
Frischling
(10 Beiträge, 1x hilfreich)

Thank you Mr. Krypton for the reply. I don't have good command over German and that's the understanding I got from the letter. Exact wording of the letter is as follows:

"Zur o.a. Tatzeit nutzten Sie einen Zug der DB Vertrieb GmbH und wiesen sich am Kontrollhaltepunkt Hurth Bf mit einem Semesterticket aus, welches nicht auf Ihre Personalien ausgestellt war.

Die DB Vertrieb GmbH stellt entsprechend Strafanzeige gegen Sie.

Sie erhalten bzw. die/der oben genannte erhalt hiermit gelegenheit, zu diesem tatvorwurf stellung zu nehmen, die zu gunsten sprechenden tatsachen anzufuhren und die polizeiliche sicherung von beweisen zu beantragen.

Nach 163a Abs. 4 StPO wird Beschuldigten eroffnet, welche tat ihnen zur last gelegt wird. Es wird darauf hingewiesen, dass es ihnen freisteht, sich zu der Beschuldigung zu ausssern oder nicht zur sache auszusagen und jederzeit, auch bereits vor dieser vernehmung, eine von ihnen zu wahlende verteidigerin zu befragen. Ferner wird belehrt, dass zur entlastung einzelne Beweiserhebungnen beantragt werden konnen ($ 136 Abs. 1 StPO).

Die moglichkeit der schriftlichen Stellungnahme soll eine vorladung zur polizei ersparen. fur die stellungnahme ist deshalb der beiliegende Ausserungsbogen zu verwenden und innerhalb von zwei wochen stellungnahme ist deshalb der beiliegende ausserungsbogen zu verwenden und innerhalb von zwei wochen (spatestens bis zum 23.01.2017) an die im Ausserungsbogen genannte dienststelle zuruckzusenden.

Sollte bis zum vorgenannten termin keine antwort eingegangen sein, wird angenommen, dass vom recht zur ausserung kein gebrauch gemacht wird.

In diesem falle erfolgt eine weitere bearbeitung nach hiesiger aktenlage. die ermittlungsakten werden dann der zustandigen stattsanwaltschaft ubersandt.

Es wird darauf hingeweisen, dass fragen zur person vollstandig und richtig zu beantworten sind. eine angabeverweigerung der personalien oder die angabe falschaer personalien ist nach $ 111 OWiG mit Geldbusse zu 1000 Euro bei Drittauslandern ggf. nach $95 Abs. 1 Nr. 5 AufenthG mit Freiheitsstrafe oder mit Geldstrafe bedroht.

Ebenso besteht die moglichkeit einer strafmilderung oder eines absekhens von strafe, wenn die taterin den angerichteten schaden wieder gutmacht oder sie sich zumindest ernsthaft um wiedergutmachung des schadens bemuht ($$ 46a StGB i.V.m. 136 Abs. 1 Satz 4 StPO).

Greetings "

I am sorry if I typed something wrong and request you to kindly help me if there is something I shouldn't post here. Looking forward to your suggestions.

Have a good day!

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#3
 Von 
Krypton
Status:
Praktikant
(556 Beiträge, 448x hilfreich)

Thank you for your explanation, it was very helpful. Don't be too worried about language issues. I don't consider my English very good as well.... ;)

You were demanded by the police to write a statement as an answer to the accusation made by the state attorney (unauthorized use of documents). After the deadline for a written response has expired at the 23d January, it is probable that you get another notice inviting you to an interrogation at a police station nearby your residence. In German jurisdiction you are not obligated to bear witness as far as you are accused with a misdemeanor or felony (cp. Miranda rights in the U.S.). Your are only obligated to give correct answer to questions concerning your name, surname, address, date and place of birth etc. But you are NOT legally obligated to show up in person. You might as well write a letter to the Bundespolizeidirektion right now, whereby you decline to make further statements beyond your personal data. If you are insecure about the ongoing development of that matter, you should mandate an English-speaking lawyer proficient in criminal law.

I hope, I was able to clarify your mind. Wish you the best of luck!

Greetings
Krypton

Signatur:

Ich sage das, was ist - nicht das, was man vielleicht gerne hätte.

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#4
 Von 
JonDoe
Status:
Frischling
(10 Beiträge, 1x hilfreich)

Zitat (von Krypton):
Thank you for your explanation, it was very helpful. Don't be too worried about language issues. I don't consider my English very good as well.... ;)

You were demanded by the police to write a statement as an answer to the accusation made by the state attorney (unauthorized use of documents). After the deadline for a written response has expired at the 23d January, it is probable that you get another notice inviting you to an interrogation at a police station nearby your residence. In German jurisdiction you are not obligated to bear witness as far as you are accused with a misdemeanor or felony (cp. Miranda rights in the U.S.). Your are only obligated to give correct answer to questions concerning your name, surname, address, date and place of birth etc. But you are NOT legally obligated to show up in person. You might as well write a letter to the Bundespolizeidirektion right now, whereby you decline to make further statements beyond your personal data. If you are insecure about the ongoing development of that matter, you should mandate an English-speaking lawyer proficient in criminal law.


Thank you Mr. Krypton. That is very helpful. Being a student, I believe I don't have the capacity to hire a lawyer currently, however I have asked for an assistant from my University, which provides such legal counselling as well. This will take time since the appointment is of 9th February. I also looked in google to find some lawyers to figure out if somehow I can manage to pay the fees, however I could only find the contacts but not approximate costs. I wonder if you know the approximate cost or any recommendations to find it out.

I would also request you to advise with one more thing. Since the letter mentioned a fine of 1000 Euro and some prosecution, I wonder what could be the worst penalty for such an issue. Can I be jailed for this issue, beside this fine? If it's just fine, will the cost of a lawyer exceed this fine amount?

I was reading some online comments and some posts suggested that even some misunderstanding and negligence like these are serious crime here, to the degree that people are jailed for these issues. This makes me worry about my future, in terms of study discontinuation, job perspective post study and other immigration issues as well, next time I had to go back to my country. Any suggestions or comments would be of very much help for me.

Thank you so much for your time and help. I appreciate it very much.

Have a good day!

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#5
 Von 
Krypton
Status:
Praktikant
(556 Beiträge, 448x hilfreich)

Zitat (von JonDoe):
This will take time since the appointment is of 9th February.

So, you are already invited to an interrogation at the police? Did I copy that correctly?

Zitat:
I also looked in google to find some lawyers to figure out if somehow I can manage to pay the fees, however I could only find the contacts but not approximate costs. I wonder if you know the approximate cost or any recommendations to find it out.

First counsil will usually cost 190 Euro plus expenses (20 Euro) plus VAT, that is a total of 249.90 Euro. However, the attorney will NOT defend you in court having received that fee. Calculation for a defendance will cost about 1'000 Euro.

Zitat:
I would also request you to advise with one more thing. Since the letter mentioned a fine of 1000 Euro and some prosecution, I wonder what could be the worst penalty for such an issue.

The fine of 1'000 Euro will be charged if (only if!) you give false personal information as you are obligated to hand over correct personal data. This fine has nothing to do with the misdemeanor you are accused of. In terms of the expected penalty the German jurisdiction puts its view on many different points: Is the defendant previously convicted in Germany? Age, level of criminal intent, behavior after action, will to make amends etc. - all that plays a decisive role for a judge when finding the penalty. As far as the delinquent is younger than 21, there might be special treatment with educational measures above penalty. Therefore, it would be good to know your age.

Zitat:
Can I be jailed for this issue, beside this fine?

No. Only if you were condemned to a fine and were even unable neither to pay it in monthly rates nor to work it off. Fines in Germany comply with the income of the accused. Ex.: If you earn 450 Euros as a minijobber the daily rate will be 15 Euros. With a verdict of 30 daily rates of each 15 Euros you will have to pay a total of 450 Euros. That fine might also be converted into 30 days of arrest, but only under the conditions mentioned above.

Zitat:
I was reading some online comments and some posts suggested that even some misunderstanding and negligence like these are serious crime here, to the degree that people are jailed for these issues.

Sorry, but what these people are talking about is absolute rubbish. No one will be jailed for having used a false ID or personalized rail ticket only once. If they are doing that continuously, however, they mustn't be surprised when a judge is fed up...

There is no reason to be worried about your future because of this one-time bad move. And you will sure as hell not have to leave Germany because of this.

For further inquiry feel free to ask.

Greetings
Krypton

-- Editiert von Krypton am 01.02.2017 09:16

Signatur:

Ich sage das, was ist - nicht das, was man vielleicht gerne hätte.

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#6
 Von 
JonDoe
Status:
Frischling
(10 Beiträge, 1x hilfreich)

Zitat:

So, you are already invited to an interrogation at the police? Did I copy that correctly?


No, I meant I have taken an appointment with a lawyer provided by the University. This appointment is on 9th and I would be waiting for his formal advise before going further. Your comments clarified many things already. I thank you very much for this. This helped a lot to reduce my worries.

Zitat:

First counsil will usually cost 190 Euro plus expenses (20 Euro) plus VAT, that is a total of 249.90 Euro. However, the attorney will NOT defend you in court having received that fee. Calculation for a defendance will cost about 1'000 Euro.

With this point I don't see a point in hiring a lawyer then. Since my worst fine would be 1000 euros and a lawyer will also cost me the same. Further, hiring a lawyer doesn't guarantee I won't be fine further. So if I understood correctly, financially I will have to pay more if I hire a lawyer. I would however would like to mention that I have a personal liability insurance "Haftpflichtversicherung" for some troubles. Now I feel this won't help in this case and it's just if I damage a property of someone or if someone sues me for some issues. Do you have any suggestion for an insurance which can cover these legal cases and litigation cost? I would like to safeguard myself in future.

Zitat:

The fine of 1'000 Euro will be charged if (only if!) you give false personal information as you are obligated to hand over correct personal data. This fine has nothing to do with the misdemeanor you are accused of. In terms of the expected penalty the German jurisdiction puts its view on many different points: Is the defendant previously convicted in Germany? Age, level of criminal intent, behavior after action, will to make amends etc. - all that plays a decisive role for a judge when finding the penalty. As far as the delinquent is younger than 21, there might be special treatment with educational measures above penalty. Therefore, it would be good to know your age.


I am 29 years old turning 30 this March. Age won't help me in relieving any of my pain.

Zitat:

No. Only if you were condemned to a fine and were even unable neither to pay it in monthly rates nor to work it off. Fines in Germany comply with the income of the accused. Ex.: If you earn 450 Euros as a minijobber the daily rate will be 15 Euros. With a verdict of 30 daily rates of each 15 Euros you will have to pay a total of 450 Euros. That fine might also be converted into 30 days of arrest, but only under the conditions mentioned above.

I am currently doing my internship, hence getting paid around 1000 Euro for that. I doubt if that's will be counted as a job, however this will be counted as an income, I believe. Will try to save more, if finally I have to pay the fine.

Zitat (von Krypton):

Sorry, but what these people are talking about is absolute rubbish. No one will be jailed for having used a false ID or personalized rail ticket only once. If they are doing that continuously, however, they mustn't be surprised when a judge is fed up...

Thank you so much. I was distressed reading those post. Couldn't sleep properly for quite some time. Going to jail is really a big deal in my country, it completely jeopardize a person, his family and everyone around him. I surely don't want to do this again, in fact I would buy two tickets without hesitation, when I have doubt about validity of a ticket.

Zitat:

There is no reason to be worried about your future because of this one-time bad move. And you will sure as hell not have to leave Germany because of this.


This is another misconception I gathered from one of the post then. Someone mentioned that immigration police has these records and they sometime deny entry to the country because of these records.

I would again like to thank you very much. Your invested time and comments were very helpful.

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#7
 Von 
Krypton
Status:
Praktikant
(556 Beiträge, 448x hilfreich)

Zitat (von JonDoe):
No, I meant I have taken an appointment with a lawyer provided by the University. This appointment is on 9th and I would be waiting for his formal advise before going further.

Got it.

Zitat:
With this point I don't see a point in hiring a lawyer then. Since my worst fine would be 1000 euros and a lawyer will also cost me the same. Further, hiring a lawyer doesn't guarantee I won't be fine further.

Unfortunately not. He will only help you to get through the trial. Maybe he is able to achieve abeyance, so you haven't to pay a fine (but him instead). Since this isn't very likely, I would not rely on that. BTW and in order to guard against misunderstandings: The fine is not mandatory 30 daily rates, it was only an example. The fine depends on the whole case's circumstances. So, there are also chances that the fine will exceed 30 days. Please keep that in mind.

Zitat:
So if I understood correctly, financially I will have to pay more if I hire a lawyer

Correct.

Zitat:
I would however would like to mention that I have a personal liability insurance "Haftpflichtversicherung" for some troubles.

This kind of insurance only covers damages you inflict (non intentionally!) on other people's property. For your case a Haftpflichtversicherung is without any purpose.

Zitat:
Do you have any suggestion for an insurance which can cover these legal cases and litigation cost? I would like to safeguard myself in future.

Well, there is a type of insurance called "Rechtschutzversicherung". But normally they don't cover any intentionally committed crime, even if it was as comparatively tame as the one you are accused of. Besides, a Rechtschutzversicherung is quite expensive. Annual fees of 200 Euros aren't unusual...

Zitat:
I am 29 years old turning 30 this March. Age won't help me in relieving any of my pain.

You are right in this one...

Zitat:
I am currently doing my internship, hence getting paid around 1000 Euro for that. I doubt if that's will be counted as a job, however this will be counted as an income, I believe.

Correct.

Signatur:

Ich sage das, was ist - nicht das, was man vielleicht gerne hätte.

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#8
 Von 
JonDoe
Status:
Frischling
(10 Beiträge, 1x hilfreich)

Thank you Krypton,

I will have a meeting with the lawyer and let you know what was the final resolution. For now I will wait for this meeting to happen. The worst fine I assume would be of 1000 Euro, in this case, which is a lot of money for me, but nothing I can do about it.
Thank you so much for your help.
Have a good day!

Best,
Jon

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#9
 Von 
Krypton
Status:
Praktikant
(556 Beiträge, 448x hilfreich)

Same to you - and: Don't be too worried. It is nothing you will beheaded for... ;)

Best regards
Krypton

Signatur:

Ich sage das, was ist - nicht das, was man vielleicht gerne hätte.

2x Hilfreiche Antwort

#10
 Von 
JonDoe
Status:
Frischling
(10 Beiträge, 1x hilfreich)

Hello Krypton,

Unfortunately my tomorrow's appointment with University's lawyer is shifted one week to 16th Feb. I already wrote a letter to give me 2 weeks of time on 2nd February. I am now thinking to consult a lawyer, if 16th would be too late.

Can you comment on this, especially, if 16 would be too late for a consultation?
Also I was searching for advice from Amtsgericht, which I heard is also free for low income people. Will I be qualified for this consultation? I get just a little less to 1000 Euro per month.

Request for your suggestion and comments.

Have a good day!
Best

-- Editiert von JonDoe am 08.02.2017 14:08

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#11
 Von 
JonDoe
Status:
Frischling
(10 Beiträge, 1x hilfreich)

Hello Krypton,

Unfortunately my tomorrow's appointment with University's lawyer is shifted one week to 16th Feb. I already wrote a letter to Bundespolizeidirektion asking for 2 weeks of time on 2nd February. I am now thinking to consult a lawyer, if 16th would be too late to get consultation and reply them again.

Can you comment on this, especially, if 16 would be too late for a consultation?

I was also searching for advice from Amtsgericht, which I heard is also free for low income people. Will I be qualified for this consultation? How the low wages defined? I was reading over internet and somewhere it is mentioned that income of 15 euro per day qualifies for this, after deductions on rent and other expenditures. I get just a little less to 1000 Euro per month. Will I be able to get this consultation opportunity?

Request for your suggestion and comments.

Have a good day!
Best

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#12
 Von 
Krypton
Status:
Praktikant
(556 Beiträge, 448x hilfreich)

Hello Jon,

As far as your question about Amtsgerichts' advice is concerned, I have to admit to be not quite familiar with the area that applies to this matter. But as I remember, "Beratungshilfe" (that is the correct term) will only be granted if legal aid applied to the subject. In German jurisdiction, however, there is no such instrument if it comes to criminal law. Assigned counsel is only provided for legitimately complexe cases and/or crimes with a certain threat of punishment. The misdemeanor you are charged of is not among those. So, I am afraid there is no chance in getting legal advice in this matter for free.

Talking about the other issue, there's no disadvantage in telling the police that your appointment was shifted. On the other hand I don't see any purpose on that as the facts of the case seem to be clear-cut. So, the only thing you might achieve baring any testimony on your own behalf is resulting in an impairment of your situation. If I were your lawyer I would give you the advice to remain silent. The cognition to be found in your appointment with the lawyer at 16th Feb may be used otherwise at a later date. Any testimony, however, can (and will) be used against you in court.

Have a good day as well!
Greetings

Signatur:

Ich sage das, was ist - nicht das, was man vielleicht gerne hätte.

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#13
 Von 
Krypton
Status:
Praktikant
(556 Beiträge, 448x hilfreich)

Hi Jon,

Sorry, I am curious ;) Is there any new development in your case since you have met the lawyer last thursday?

Greetings

Signatur:

Ich sage das, was ist - nicht das, was man vielleicht gerne hätte.

0x Hilfreiche Antwort

#14
 Von 
JonDoe
Status:
Frischling
(10 Beiträge, 1x hilfreich)

Hello Krypton,

I had a meeting with the lawyer last Thursday. After reading the documents he mentioned that I am accused of "263 StGB Betrug". This case is not registered from the Deutsche Bahn but from German govt., against me, for the fraud charges. He supported your information like, this shouldn't cause any immigration issue next time and probably won't be punished for more than a fine.

He however suggested that I should send a copy of my PostBus ticket and inform them that:

"I already have a valid copy of ticket with me, 'which I possessed, but forgot to show because of confusion and the moment of haste. This copy of ticket allows me to use that particular mode of transport. I have also already paid Deutsche Bahn a fine of 60 euro, the very next day. Hence the case against me is not valid."

Since, he suggested to emphasis on point that I have a valid ticket. I was trying to make sure the ticket is actually valid. The place of checking was Heurth: Kalscheuren. Though when I asked DB point while paying fine next day, she confirmed me that ticket was valid. However on close inspection I believe it might not be the case.
The text on ticket says "FernbusTicket = Fahrausweis (2.Klasse) zur An-oder Abfahrt bzw. zur oder von der Abfahrtshaltestelle innerhalb Kolns am jeweiligen Reisetag." So I believe I can consider this ticket as a day ticket. Which, on comparing with this day ticket voucher ( http://www.kvb-koeln.de/german/tarif/eng.html?INCLUDEMODUL=dokumente_einzeln2.mod/inc.download.php&downDokument=468) should be equivalent to class 1b.
and with this link
http://www.kvb-koeln.de/german/tarif/eng.html
class 1b might not be valid for Hurth. (considering it's a bit outer to cologne)
Here is also a link from VRS for the same benefit.
https://www.vrsinfo.de/presse/presseartikel/presse/kostenlos-mit-bus-und-bahn-zur-postbus-haltestelle-am-flughafen.html

Since you suggested that I should keep silent on the issue would be better for me.

Do you think pleading that I had a valid ticket but didn't show it might be an improvement on that, as suggested by other lawyer?
Since I already sent them a letter that I will consult and send a reply, if I don't reply now, will that be OK?

Since now I have doubt on validity of the PostBus ticket as well I am preferring not to reply. I am however also in confusion that if stating that I had a valid ticket and sending the proof for that resolves the case, then just send those documents and be done with it.

I just don't want to spoil the case any further and I am worried if I don't reply the judge might get infuriated. Especially being foreigner in a foreign land I would like to avoid a legal case. This doesn't let me concentrate on my studies and work :-/

One more time looking forward to your valuable suggestions.

Have a good day!

Warm Regards,
Jon

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#15
 Von 
JonDoe
Status:
Frischling
(10 Beiträge, 1x hilfreich)

If you also suggest replying might benefit, this is the text I wrote as a reply to them:

"Respected Sir,

With reference to your letter dated "-" I would request you to consider following points.

I was travelling with a valid ticket, a copy of this ticket is attached herewith. This ticket is valid on the day of journey to and from Cologne for that particular day " ". This is a personalized ticket with my name on it and this isn’t bought after the incident but I already possessed it at the time of incident and it was with me during the journey. Since this ticket authorize me to use any public transport in the region, I wasn’t travelling without ticket but with a valid ticket which allows me to use that particular mode of transport. I didn’t show this ticket to the examiner in the haste moment. I have already paid the fine I have been asked to, on the very next day. A copy of that transaction on my credit account is also attached herewith. I believe damage to Deutsche Bahn is already recovered with the fine and I didn't intend to do any harm or Fraud to Deutsche Bahn.

I request you to reconsider the case with these facts."

Warm Regards,
Jon

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#16
 Von 
!!Streetworker!!
Status:
Unbeschreiblich
(30226 Beiträge, 9522x hilfreich)

Zitat:
Well, there is a type of insurance called "Rechtschutzversicherung". But normally they don't cover any intentionally committed crime, even if it was as comparatively tame as the one you are accused of. Besides, a Rechtschutzversicherung is quite expensive. Annual fees of 200 Euros aren't unusual...


And the main thing is, that you can not book it for things (criminal offenses) that happened in the past. On the contrary ... there is a waiting period of 3 months in cases of criminal law. If you complete the insurance and commit a criminal offense after -for example- 2 months, they will not pay for a lawyer

Zitat:
Also I was searching for advice from Amtsgericht, which I heard is also free for low income people. Will I be qualified for this consultation? I get just a little less to 1000 Euro per month.


Yes, the so-called "Beratungshilfe" exists.

But .... in matters of criminal law, it is only available for a "one-time-lawyer-consultation" to get a simple advice for free. It is not available for legal representation by a lawyer in any way. Even the sending of a simple letter by a lawyer (for example to the police, the prosecutor or the judge) or a phone-call is not included/not possible via "Beratungshilfe"

Furthermore: ... 1000 EUR is (seems to be) too much income to have a claim for "Beratungshilfe" (if you are not married and/or have no children, you are paying for) ..... because the claim depends on how many people have "to be fed" from this income.

The lawyer can explain it to you more exactly



-- Editiert von !!Streetworker!! am 20.02.2017 17:31

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#17
 Von 
Krypton
Status:
Praktikant
(556 Beiträge, 448x hilfreich)

Hi Jon,

Firstly, for your interest: Here you can find section 263 of the German criminal code in English.

The letter you drafted leaves one important question: Why did you have your fellow student's ticket with you while being in possession of a valid ticket on your own? And why did you show the third party ticket to the examiner instead? Then: Why didn't you clarify the situation by showing the correct ticket after the examiner objected to the mismatch between ticket and ID?

If it comes down to the facts, no one will understand why you used your friend's ticket instead, if it is explained the way you are planning to. The only plausible explanation IMHO would be that you forgot your own ticket and when spotting this asked your fellow student to borrow you his one in order to avoid any trouble. You didn't know that this ticket would be only valid for the owner. Beyond that you believed that it would be no problem, the more so as you were indeed in possession of a valid ticket, only not having it with you at this very moment.

I would especially insist on the fact, that there is not only no damage arisen to the Deutsche Bahn AG because the fee for your transportation was already paid otherwise, but on the other hand you settled the Bahn's increased fare of 60 Euros without hesitation. Without any measurable damage there is no fraud. As a matter of fact there's only a damaged on your own part.

I have to point out that this is only my opinion and no legal advice to be held responsible for.

Wish you the best of luck!

Warm regards,
Krypton

Signatur:

Ich sage das, was ist - nicht das, was man vielleicht gerne hätte.

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#18
 Von 
JonDoe
Status:
Frischling
(10 Beiträge, 1x hilfreich)

Hello Krypton,

Thank you very much for the advice. As usual this is very helpful. More because my meeting with lawyer was very limited (15 minutes only, and 10 minutes were utilized to explain the case). Your suggestions and references helped me not only in choosing appropriate decisions but also to get to know the reasoning behind. I thank you for your opinion and help and completely understand that this is not a legal advice to be held responsible for.

You are correct about the emerged questions. In reality, we didn't focus on showing correct ticket because of two reasons: First, since examiner confiscated the ticket we had, I was more focused on getting that ticket back, instead. Second, since I wasn't sure about the validity, I was thinking it might not help me and potentially could also aggravate the situation, if examiner thought we are trying to fool him. I thought instead, let's just pay the fine and be done with it. Having poor German skill were of no help in clearing out the situation.

I updated the drafts to following, it would be very helpful if you can have a look into it and comment:


"Respected Sir,

With reference to your letter dated "-" I would request you to consider following points.

I was travelling with a valid ticket, a copy of this ticket is attached herewith. This ticket is valid on the day of journey to and from Cologne for that particular day " ". This is a personalized ticket with my name on it and this isn’t bought after the incident but I already possessed it at the time of incident and it was with me during the journey. Since this ticket doesn’t mention how many time I can use this ticket, to be on safe side, I asked from a friend of mine to use his ticket as a backup. My ticket authorizes me to use any public transport in the region. Hence, I wasn’t travelling without ticket but with a valid ticket which allows me to use that particular mode of transport. I however didn’t show this ticket to the examiner in the haste of moment, and also because I was afraid of it’s validity. I have already paid the fine I have been asked to, on the very next day. A copy of that transaction on my credit account is also attached herewith. I believe there isn’t any damage to Deutsche Bahn since I was already in possession of a valid ticket, if there was any this must be compensated with the fine, which I have paid already.

I would like you to reconsider the facts since I didn’t intend to do any harm or Fraud to Deutsche Bahn and any unintentional harm inflicted is already paid with the fine.


Regards,
Jon



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#19
 Von 
!!Streetworker!!
Status:
Unbeschreiblich
(30226 Beiträge, 9522x hilfreich)

Although I am not the addressee of your question ("Krypton"), but the letter is good.as it is.
You can send it like this.

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#20
 Von 
purplegold
Status:
Frischling
(1 Beiträge, 0x hilfreich)

Hello JonDoe,

Even though this happened to you about 5years ago, i have unfortunately found myself in this same situation. Reading through your story has been helpful to me.But i just want to know how your case ended.What happened after you sent your statement to the judge.

I would really appreciate an answer.

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