Summons for further types of trade credit fraud
August 6, 2009 | 20,00 EUR | answered by Andreas Scholz
I received a summons for credit fraud.
I have no previous convictions or the like.
I have already paid the amount to the company that filed the report.
I ordered goods online and chose direct debit as the payment method. A few days later, the amount was debited and the goods were delivered. I asked my bank to reverse the direct debit because I realized that I didn't have any money left that month. A few days later, I received a payment reminder via email, which I had actually forgotten about until now as I never received any mail or written reminders.
What can I do now? What should I say at the summons? What kind of penalties can I expect? Can the charges be dropped since I have already paid? Should I contact the company that filed the report and ask them to withdraw the charges?
Dear inquirer,
In your case, you are accused of so-called fraudulent misrepresentation as a variant of fraud according to § 263 StGB. The prosecution would have to prove that you intentionally fulfilled the elements of fraud, i.e. that you entered into the purchase contract with the company knowing that you would not actually be able to pay the purchase price due.
As you describe the situation - you intended to pay when the contract was signed, but then could not - it will be difficult for the prosecution to prove, as always when it comes to the subjective elements of a norm. Only indications could speak in favor of you having acted intentionally. An indication could be if you have already come into contact with criminal law in a similar manner as you describe. If this was not the case, as you describe, then the crime will be difficult to prove.
As the accused, you do not have to confess to the crime. If you were only summoned for questioning by the police, you do not have to go there, you also do not need to cancel. Only if you were summoned for questioning by the prosecution, you must appear. However, you do not have to make any statements there either.
Alternatively, you can confess to the police and provide reasons for the non-payment, and at the same time state that you have now paid. The results of the interrogation will be forwarded to the prosecution. As you describe the situation, the investigation against you will be terminated due to lack of sufficient suspicion, § 170 Abs. 2 StPO. If an indictment is nevertheless brought, I recommend seeking legal assistance, based on the circumstances you have described - significant here: no prior convictions - I believe that with proper defense you will be acquitted.
The fact that you have paid will not automatically lead to the case being closed - not even by withdrawing the complaint. The prosecution is in charge of the proceedings. However, if they become aware of a withdrawal, this would be beneficial to you, as it could be a reason for the prosecution to terminate the investigation, either under § 170 Abs. 2 StPO or § 153 StPO (insignificance and lack of public interest).
If you receive a penalty order, you should again seek legal assistance immediately and file an objection, as - as mentioned - based on the circumstances you have described, I believe that you will be acquitted in court.
I hope this information has been helpful to you. If you have any uncertainties, feel free to ask.
Sincerely,
Andreas Scholz, Esq.
