Ask a lawyer on the topic of Criminal law

Granting of benefits in office (mayor)

February 1, 2010 | 40,00 EUR | answered by Steffan Schwerin

The mayor of a municipality in Baden-Württemberg was asked by the city council to rent premises from a real estate company for use as an information center. The owner then drew up a lease agreement. In addition, the owner also offered the building to the city for purchase. The mayor was then asked by the city council to negotiate with the owner to include a purchase option for the municipality in the lease agreement. Instead of engaging in negotiations with the owner, the mayor recommended to the owner to sell the building to a named citizen, with the indication that the city would then rent the premises from this citizen.

This potential buyer would benefit significantly from this arrangement, as the rental payments from the city and another tenant (totaling approximately €800) would more than completely finance the purchase price (€120,000). The premises intended for rental had been vacant for years and would be completely uninteresting to third parties. It is only with the city as a tenant that purchasing the building makes sense. Therefore, the city council insisted that the city be granted the purchase option, also due to the investments the city would have to make in the premises upon renting.

Aside from disciplinary measures which the city council is considering with the lower legal supervision, I have the following questions:
- Whether the mayor's actions are criminally relevant. If so, what offenses?
- Whether there is a claim for damages under civil law, as the city was denied the purchase of the property due to the mayor's actions.
What legal steps do you recommend?

Steffan Schwerin

Dear questioner,

I will answer the questions you have raised taking into account the circumstances described and your efforts as follows:

On the one hand, criminal and civil law steps are possible in this case.

Civilly, there may be a claim for damages. The damage would need to be quantified and claimed.

Criminally, the following offenses may be considered, for which a criminal complaint can be filed:

Sections 331, 333 of the Criminal Code.

Section 331 deals with acceptance of advantages, and section 333 with granting of advantages.

If the mayor has provided benefits to the potential buyer, the above-mentioned sections apply.

If the mayor has gained a benefit for himself, section 332 on bribery may be applicable.

The legal steps I recommend to you depend on the role you are playing in this situation.

A report should be made here, the damage quantified, and then claimed.

I must point out that this platform cannot replace a detailed and personal legal consultation. The goal is solely to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal advice given by me is based solely on the facts provided by you. Adding or omitting relevant information in your description of the situation may result in a completely different legal assessment.

I hope I have been able to give you an initial overview and that my explanations have helped you. You are welcome to get in touch with me through the follow-up option on this platform.

Furthermore, I am available for legal representation. The initial consultation fee paid would be credited in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication methods such as email, post, fax, and telephone, legal representation is also possible.

Sincerely,

Steffan Schwerin
Lawyer

Law Firm Steffan Schwerin
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