Ask a lawyer on the topic of Criminal law

Indictment for property damage and coercion

February 1, 2010 | 46,00 EUR | answered by Bernhard Müller

Hello,

I have received a penalty order accusing me of property damage and attempted coercion. I am accused of kicking off the left side mirror of an Audi after a night at Oktoberfest in Munich. The mirror was heavily damaged, causing approximately 320 euros in damage. The owner noticed and confronted me about the incident. In response, I verbally insulted him by saying "shut up, or else you'll be dead," in an attempt, according to the accusation, to prevent the victim from testifying to the previous property damage. I then left the scene and was later stopped by a police patrol. During the subsequent interrogation, I claimed not to remember the incident due to being heavily intoxicated. Indeed, I cannot recall anything about the incident. The police determined my blood alcohol level to be 2.26 per mille. I deeply regret the situation and would like to apologize during the trial, explaining that I unfortunately cannot remember but that I am sorry if it did happen. I have no prior convictions, but I had to pay 10 daily rates (totaling 100 euros) seven years ago for an insult regarding a text message to an ex-girlfriend (I do not know if this is still relevant).

What kind of sentence could I expect? I earn around 2500 euros net. Is it advisable to admit to the offense and apologize, even though I cannot remember? Should I seek legal counsel, or is it not necessary because the situation is clear with the witness and I want to show remorse? The person I coerced is called as a witness.

The accusation reads: You are accused of damaging someone else's property, as well as attempting to forcibly coerce someone into an action, tolerance, or omission through violence or threat of harm. Prosecutable as property damage and attempted coercion according to §§ 240 para 1, para 2, para 3, 303 para 1, 303c, 22, 23, 53 StGB.

Thank you.

Bernhard Müller

Dear inquirer,

if a penalty order has been requested, a oral hearing will only take place if you lodge an objection within 2 weeks of receiving the penalty order. (§ 410 StPO)

You are probably referring to an indictment. The theoretical penalty framework for property damage is imprisonment of up to 2 years or a fine (§ 303 I StGB) and for coercion imprisonment of up to 3 years or a fine. (§ 240 StGB)

Within this penalty framework, the court has discretionary power. The damage is relatively low at 320 euros. Therefore, I would assume a fine in the lower range for you. Due to your blood alcohol concentration of 2.26 per mille, there is a possibility of reduced culpability under § 21 StGB. (Tröndle/Fischer Rn. 21 to § 20 StGB)

Therefore, I would estimate a fine between 5 and 60 daily rates. One daily rate is 1/30 of the monthly net salary. In your case, this would be around 83 euros.

Remorse and honest efforts to make amends for the damage will have a mitigating effect on your sentence. You will have to compensate the damage of 320 euros in case of a conviction anyway. Therefore, it is advantageous if you admit that although you cannot remember the crime, you regret it would have committed it, and that in case of conviction, you will make amends for the damage on the same day. To make this credible, you should show the court that you have the 320 euros with you to hand them over to the victim in the courtroom upon conviction with a receipt.

You do not necessarily need a lawyer for this simple matter.

I hope that my answer could be of assistance to you.

Yours sincerely,

Bernhard Müller Attorney