Simulating a crime (unauthorized use of a vehicle)
December 15, 2011 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
I was caught speeding at 35 km/h outside the city limits this summer. 3 points 120 Euro.
I have no points and I am a normal driver. I was just in a hurry that evening, unfortunately.
The side window of my car was smashed and some things were stolen from the car (GPS, etc.).
I reported it to the police.
After that, I drove home too quickly because it was starting to rain, so the car wouldn't get damaged from the inside, and I got caught speeding.
Ok, after 2 weeks I received a letter. The photo wasn't great but I could recognize myself.
Ok, I tried anyway and shouted "objection".
It turned out that I was identified and it was indeed me.
Then I remembered that I had told the police that after reporting the break-in, I had parked the car in the city and partied until the morning. Maybe someone had driven the car with the door open.
The city then consulted the police station and told me I had to pay because I was identified.
I wrote back again that I didn't think it was fair because of the break-in and it could have been theft since the tank was almost empty.
Well, reluctantly, I paid the fine and received the 3 points, and withdrew my objection.
But now the worst part!
Yesterday I got a letter;
Summons as the accused
An investigation:
Accusation: Pretending to commit another crime (Unauthorized use of a vehicle)
Great, that's what I get for filing an objection!
What can I expect now, how can I get out of this situation? Because I have an appointment at the local police station on Monday!
Help!!!!!!!!!!!!
It's Christmas after all!!
Dear seeker of advice,
Thank you for your inquiry.
I would like to answer it as follows:
As a suspect in a criminal proceeding, you are not required to comply with a police summons for an interrogation, nor incriminate yourself or make any statement at all.
If you receive a questionnaire, you only need to provide personal information, not information about the matter.
According to § 145d of the German Criminal Code, falsely reporting a crime with knowledge of its falsity is indeed a crime.
You have expressed to the police that it could also be a theft.
Here it must be differentiated. It depends on how it appeared from the police's perspective. If you expressed yourself in a way that could be understood as stating that the vehicle was stolen, this would constitute a crime.
If you merely hypothetically raised the possibility, then most likely no crime occurred.
You should hire a local defense attorney to represent your legal interests. The colleague should request access to the files in order to get an overview of how the authority actually sees the situation.
Then he should coordinate the defense strategy with you and handle correspondence with the authority.
The defense will likely involve asserting that you did not definitively and absolutely state that it was a theft, but merely expressed the hypothetical possibility.
I hope this provides you with some initial legal guidance and wish you much success and all the best!
I would like to point out the following:
The legal advice I have provided is based solely on the factual information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful to you. You are welcome to contact me through the follow-up option.
I wish you a pleasant Thursday evening!
Kind regards from the North Sea coast
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
