Ask a lawyer on the topic of Criminal law

Compensation/damages

January 16, 2011 | 35,00 EUR | answered by Bernhard Müller

Hello,

In summary, a few months ago my daughter and I noticed that a significant amount of money was disappearing from our apartment. We installed a spy camera with a motion sensor and a month later, my husband at the time was caught. He was the only person who knew we were not at home.

The thing is, we had only been married for 1.5 years and due to our work conditions, we had to live in different locations. My ex-husband was always welcome at our place, but only when one of us was home, meaning he didn't have a key to our apartment. (After the crime, I had a conversation with him where he admitted he didn't have a key to my apartment. I recorded this conversation as well).

This can only mean that my ex-husband secretly made a spare key to my apartment, for example when we were both on vacation.

The video was taken in my daughter's room, where the money was also missing. The footage clearly shows him rummaging through my daughter's cabinets and personal belongings. The video also captures him using our home phone to input something or possibly check incoming calls.

It's difficult to say how often he "visited" us in our absence. In any case, he had no idea about the money, and he must have had a lot of time to find it. It can only mean he was constantly in our apartment.

I have since reported my ex-husband. Despite the evidence, I was told it is unlikely I will get the money back, as the video doesn't show him taking the money.

My questions are, what are my chances of getting something out of this situation? Even if he wasn't the one who took the money, he shouldn't have secretly made a key to the apartment or rummaged through our belongings, especially those of my daughter, who has only been his stepdaughter since 2009.

When I confronted my ex-husband about the money, he felt relatively safe, as he didn't believe I would have the courage to report him. Filing a report meant divorce for me. According to the Foreigners Office, we were supposed to have been married for 2 years, and as such, it would mean deportation from Germany for us. So he took advantage of our situation and trust. As a result, it has cost me a lot of nerves, time, and money to report him, hire lawyers for our stay in Germany. I even had to see a doctor because of sleep and neurological disorders.

If the stolen money cannot be recovered, can I expect compensation for pain and suffering? Or for example, reimbursement for the replaced lock or costs for the spy camera?

What consequences does he face in general? Fines/prison?

Best regards, Seeker of advice

Bernhard Müller

Dear questioner,

here we have a serious theft according to § 243 I No. 1 StGB. The theoretical penalty range is between 3 months and 10 years imprisonment. If this cannot be proven, trespassing § 123 StGB remains. Penalty range imprisonment up to one year or a fine. It cannot be said in general terms where exactly within the penalty range the punishment will be.

There is likely no claim for pain and suffering here. You are entitled to compensation for the stolen money. However, you would need to prove that he stole it. You should wait to see how the criminal proceedings turn out. In the event of a conviction for the serious theft, you can use the criminal judgment as evidence in the civil proceedings.

You can claim the costs for the replaced lock back. As for the costs of the camera, it is more difficult because you can still use it for other things. This is a matter of the judge's discretion.

Sincerely,

Bernhard Müller Attorney