Fraud
July 21, 2009 | 20,00 EUR | answered by Andreas Scholz
I have a lawsuit for fraud and I would like to know what I can expect in terms of the verdict.
Dear questioner,
You probably want to know what penalty you can expect. You will only face a penalty if the court is convinced by the prosecutor that the crime can be proven.
If this is the case, the penalty will be determined by the criminal provision under which you are convicted. A fine or imprisonment is possible for fraud under § 263 of the German Criminal Code.
If you are sentenced to a fine, the amount will be based on your monthly income. Your income will be divided by 30 to determine a daily rate, according to § 40 (2) of the German Criminal Code. The verdict will then specify the conviction to a fine of x daily rates.
If you are sentenced to imprisonment, it can generally be suspended on probation, especially if you are a first-time offender. Probation is usually granted if the sentence is not more than one year and the court believes you are unlikely to reoffend in the same way, according to § 56 (1) of the German Criminal Code. The probation period is not less than two years but must not exceed five years, according to § 56a of the German Criminal Code.
If a prison sentence of more than one but not more than two years is imposed, and the court sees special reasons, the sentence can again be suspended on probation, according to § 56 (2) of the German Criminal Code.
Whether you can expect a prison or fine depends on the expected penalty, which is determined by the course of events, consequences of the crime, and your criminal history, according to § 46 of the German Criminal Code.
If a penalty of less than six months is possible, a fine should be imposed and only in exceptional cases a prison sentence, according to § 47 of the German Criminal Code. If a penalty of over a year is possible, a prison sentence (possibly on probation) must be imposed, as fines are limited to a maximum of 360 daily rates, according to § 40 (1) of the German Criminal Code.
I hope this provides you with some initial legal guidance.
Best regards,
Andreas Scholz, Attorney
