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Theft

November 16, 2009 | 25,00 EUR | answered by Steffan Schwerin

Dear Sir or Madam,

I have made a big mistake for the second time. In December 2008, I was convicted of embezzlement in 2 cases, one of which was committed in conjunction with theft, resulting in a total fine of 90 daily rates, each daily rate being 60 euros.

Now, due to financial problems at my new employer, I sold materials worth a total of 5,000 euros on eBay. This was noticed and I was questioned, and under massive pressure from my boss, I admitted to the theft and was terminated immediately.

What can I do now? I offered to immediately repay the damages to my former boss, but he refused to listen and wants to report it to the authorities.

What can I do now? In the worst case scenario, am I facing a prison sentence, or would I possibly receive a suspended sentence if convicted?

Thank you.

Sincerely,

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked taking into consideration the circumstances described and your commitment as follows:

Here come the offenses of embezzlement, misappropriation, and theft.

- Embezzlement, § 266 of the German Criminal Code (StGB): The penalty ranges from a fine to 5 years in prison (for particularly serious cases up to 10 years).

- Misappropriation, § 246 StGB: Imprisonment of up to three years or a fine.

- Theft, § 242 StGB: Imprisonment of up to five years or a fine.

Even if there is a relevant previous conviction, it is unlikely to result in a prison sentence, but at most a suspended sentence.

You must compensate the employer for the damage caused. If the employer does not wish to refrain from filing a criminal complaint, there is nothing you can do.

As soon as you receive a summons for questioning by the police, you should immediately hire a lawyer and have them defend you. The lawyer will then work with you to develop an appropriate defense strategy.

I must point out that this platform cannot replace a comprehensive and personal legal consultation. The sole purpose is to provide an initial rough assessment of your legal problem based on the information you have provided to a lawyer. The legal advice I have given is based solely on the information you have provided. By adding or omitting relevant information in the context of your description of the circumstances, a completely different legal assessment may result.

I hope I have given you an initial overview and that my explanations will help you. Please feel free to contact me through the follow-up option on this platform.

Furthermore, I am available for further assistance within the scope of a mandate. I would credit the initial consultation fee in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and telephone, a mandate execution is also possible.

Best regards,

Steffan Schwerin
Lawyer

Law Office of Steffan Schwerin
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07749 Jena

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Email: raschwerin@raschwerin.de

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