How would someone be convicted of fraud?

Side effects of an allocation: overview

In most cases, once charged, criminal proceedings do not end with an acquittal, but with a conviction. The court then sentences a fine or imprisonment, with the possibility of suspending the imprisonment. Conviction, however, can have many other, potentially far more painful, consequences.

1) Driving ban

In a nation of motorists that isDriving ban a sensitive sanction according to § 44 StGB. A driving ban may only be imposed as a secondary penalty in addition to one of the two main fines or imprisonment, but not in isolation. A driving ban can be imposed for up to six months. Since Section 44 of the Criminal Code presupposes a real criminal offense and not a mere regulatory offense, Section 25 of the Road Traffic Act (StVG) provides for a corresponding regulation for traffic offenses.

In contrast to the previous version of the law, since the new version of the law in August 2017, there is no longer any need for a so-called cause. This means that with every penalty a driving ban can be imposed as a side effect, regardless of whether it is a traffic offense or something completely different. A driving ban can therefore also be considered, for example, in the case of convictions for delaying bankruptcy or for tax evasion.

2) Withdrawal of driving license

This is not to be confused with the driving banWithdrawal of the driver's license according to § 69 StGB. Both are fundamentally mutually exclusive, since Section 69 of the Criminal Code - unlike Section 44 of the Criminal Code - presupposes the determination of the inability to issue a driver's license. A driving ban can occur in addition to the withdrawal of the driving license, if the point is to also prohibit the use of vehicles that do not have a driving license, e.g. mopeds. At the same time as the revocation, however, a block for the re-issuance of the driving license must be determined. It must be a minimum of six months and a maximum of five years. If the convicted person does not have a driving license, an isolated block must be ordered.

The main difference to oneDriving ban is that the driver's license is with aWithdrawal of the driver's license not simply kept, but the driving license as such is revoked. A driving license must therefore be completely reissued (hence the need to impose a ban on re-issuing it).

The prerequisite for a withdrawal of the driving license is that the convicted person is unsuitable for driving a motor vehicle. His physical, mental or character deficiencies must make his participation in road traffic a danger to others. If these requirements are met, the driver's license will be withdrawn; the court has no discretion. The case law assumes that a judge can determine for himself whether a vehicle driver is suitable; an expert is therefore usually not called in.

Although Section 69 of the Criminal Code is systematically just a so-called measure, i.e. not a punishment in the strict sense, the withdrawal of a driver's license is very drastic for someone who is dependent on their driver's license.

3) Asset Recovery

The idea behind the concept ofAsset recovery (§§ 73 ff. StGB) is as follows: What the perpetrator has obtained through the act, he should not be allowed to keep. This not only captures a pecuniary advantage, such as the money obtained from fraud, but any “something” gained. Quite often it will be remuneration such as bribes or the profit from an act of fraud, but other economic values ​​are "something achieved" in this sense.

4) Civil law claims

It can also be thatVictim in the criminal process acivil claim is also entitled to compensation or compensation for pain and suffering.

Often, claims under civil law are only asserted by those entitled after a conviction has already taken place. In practice, an unpleasant surprise in bodily harm proceedings is, above all, the recourse claims of the health insurances. These are, for example, hospital costs or loss of earnings, provided that the insurance companies were initially responsible for this.

In commercial criminal law, the civil consequences of a conviction can be devastating. A convicted investment fraudster or the managing director of an insolvent GmbH are personally liable. A hasty “deal” with the court is out of the question in such constellations, in which the side effects can be far more serious than the punishment itself.

Even while the criminal proceedings are in progress, it sometimes makes sense to use the defense to take their own initiative to pay damages or compensation for pain and suffering to the victim. This can have a positive effect on the sentencing, for example in the context of a perpetrator-victim compensation.

Even during the criminal proceedings, the victim himself can try to have civil law claims for damages or compensation for pain and suffering determined in court. The Code of Criminal Procedure expressly provides for this possibility in §§ 403 ff. StPO. Through the so-called.Adhesion process the rights of victims should be strengthened and a uniform decision should be ensured. One also speaks of an "annex procedure" - a civil procedure is appended to the criminal procedure. However, the procedure is only permissible in criminal proceedings against an adult accused, not in proceedings against young people. Another restriction is that only property claims can be made - therefore, claims for pain and suffering or compensation for damages can be considered. Put simply: claims that are aimed at the payment of a sum of money.

However, the victim is by no means obliged to submit an application for adhesion in the criminal process. It can also choose to pursue its claims in full before the civil court. The decision of one court then has no binding effect on that of the other court.

In practice, the adhesion process is not very important. Because the code of civil procedure is structured differently than the code of criminal procedure. Criminal judges can refuse to carry out an attached civil procedure if the matter is unsuitable for handling in criminal proceedings.

5) Registration lock and consequences under registration law

After all, those are not to be underestimatedlegal consequences a conviction, e.g. an entry in the federal, trade or central traffic register.

These entries can be "expensive" in later criminal proceedings. The Federal Central Register in particular provides information on the basic legal compliance of the accused. The quality and quantity of the entries regularly influence the court's decisions on penalties. However, entries in the register can also influence future official decisions, for example if certain activities are subject to approval. For example, anyone applying for a gun license (Section 4 WaffG) must demonstrate special criteria, including a particular level of reliability (Section 5 WaffG); those who have already been convicted of criminal law do not have this reliability. The content of the federal central register is also important for naturalization decisions.

According to § 6 GmbHG, someone who has been convicted of a bankruptcy offense (§§ 283 ff. StGB) or because of delayed insolvency (§ 15a InsO) can no longer be the managing director of a GmbH - regardless of the amount of the penalty! In the case of a conviction for fraud (Section 263 of the Criminal Code) or breach of trust (Section 266 of the Criminal Code), this consequence only occurs from a prison sentence of at least one year (i.e. a sentence of exactly one year is already too much!).

Annotation:A detailed script on insolvency criminal law can be found here. Further details of the registration lock according to § 6 GmbHG are also explained there.

6) hunters and shooters

Is the convict in possession of aspecial permit, for example a “hunting license” or a “gun license” can be revoked.

Sports shooters and hunters, for example, have to expect that their “certificates” will be withdrawn if they are sentenced to a fine of 60 daily rates - weapons that require a permit must then be surrendered within a period and can even be seized after the period has expired.

Also Pilots or employees in the airport can already hit minor penalties with regard to their professional practice.

7) Business license

Anyone who wants to pursue certain commercial activities must also be able to demonstrate particular reliability (§§ 29 ff. GewO); If this is not the case, the exercise of the trade can be prohibited (Section 35 GewO). The authority deciding on the trade ban is partly bound by the criminal court decision. For example, it cannot deviate from the judgment to the detriment of the person concerned with regard to the findings on facts and guilt; The authority must also accept a prognosis by the criminal judge on reliability under commercial law.

8) Consequences under civil service law

The consequences for (active)Officials andsoldiers be. If they are sentenced to imprisonment of at least one year or, for special service-related or state-endangering offenses, to imprisonment of at least six months, the civil servant relationship ends automatically when the judgment becomes final, Section 41 of the Federal Civil Service Act (BBG) - this also ends salary and pension claims . As far as this special secondary penalty is permissible, Section 45 of the Criminal Code can also have such an effect.

If the offense is related to the official activity, there is also the risk of disciplinary proceedings according to § 77 BBG.If the offense was committed outside of the service, such proceedings only follow if the behavior was appropriate, confidence in the office or to affect its reputation in a special way. The disciplinary procedure is subject to the special regulations of the Federal Disciplinary Act, but the criminal judgment can rub off on it.

9) Professional ban and consequences under professional law

Of course one canProfessional ban meet other professional groups as well. In the event of serious violations,Lawyers The license can be withdrawn, special law courts can impose further sanctions.Pharmacists andDoctors the license to practice medicine can be withdrawn, including theManaging directors a GmbH or theBoard membership in an AG can be prohibited. Often arranged in special laws professional consequences In this respect, supplement the basic regulation of Section 70 StGB on the prohibition of professions. Apart from the special rules on civil servants and notaries, the imposition of such a professional ban takes place completely independently of other relevant orders of the administrative authorities. For doctors, lawyers and tax consultants, there are special courts for the implementation of professional law proceedings, provided that a so-called "professional law overhang" is affirmed.

By the way, aDiscontinuation of proceedings subject to conditions, § 153a Abs. 2 StPO, are used by some administrative authorities as an opportunity to order the measures outlined above. The consent of the convicted person to fulfill the condition is in fact, even if wrongly, occasionally assessed as an admission of guilt. It is usually worthwhile to defend yourself against such allegations.

10) Previous conviction: Entry in the Federal Central Register

If the conviction is finally final and possibly also entered in a register, this may also apply to the nextJob Interview to be observed.Questions about criminal record, especially of a relevant kind - acts of violence by the security service, property offenses by cashiers - are permissible and must be answered truthfully. Anyone who gives the wrong answer to these questions must expect the employment relationship to be challenged and terminated quickly. As a rule of thumb, all convictions of more than ninety daily rates and prison sentences of more than three months represent a previous conviction within the meaning of the Federal Central Register.

Anyone who has an existing employment relationship inCustody device, must also expect a termination. There is no obligation to notify the employer of possible criminal offenses. With the beginning of the imprisonment, however, the employee is prevented from providing the service owed under the employment contract - after all, he can no longer come to work. This breach of duty can give grounds for termination. However, special requirements must be placed on the reason for termination. If the offense is not related to the employment relationship and therefore a behavior-related dismissal must not be expected, an attempt should be made, if necessary, through the defense lawyer or relatives to find a viable solution.

11) Consequences under the law on aliens

Finally, there are also anyConsequences under the law on alienswhich can be particularly drastic and often outweigh the sentencing to imprisonment. Convictions for more serious offenses can lead to deportation, especially in the case of drug offenses.

According to Section 456a of the Code of Criminal Procedure, the enforcement authorities can refrain from enforcing a custodial sentence in the case of foreigners (usually after serving part of the sentence) and deport the convicted person instead. You cannot defend yourself against this measure, nor are you entitled to it.