Germany DB fine & police report for no train ticket

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Hello, I was traveling in train on 25th Dec and unfortunately forgot to purchase a valid ticket. I have a pass for train travel but it was not valid for that station. The controller handed me over to the police who made a report/charge and gave me fine for 60 euro. I paid the fine immediately and asked the police what will happen with the charge. They said in most cases it is scrapped. The police also took an alcohol test as I had had a few drinks. They also took a copy of my paid fine receipt.

I have a UK work visa application(since before the incident) in progress and I have already selected, no, as an answer for any criminal conviction/charge. What should I do about it ? The police said because it’s a very small offense it should not affect my visa application but I’d appreciate more input on this matter.

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4 hours ago, ayverma said:

What should I do about it ?

 

As far as the situation in Germany is concerned, nothing.

 

There is nothing you can do about that until you receive a letter with a written notice from a state prosecutors office telling you what their decision on the charge laid by DB against you was.

 

Depending on how massive a backlog the prosecutors office in the place the police took that report are struggling to work through that letter may take anything from 3 weeks to 3 months to reach you.

 

As the police said, it's most likely that the prosecutors office will dismiss the charge as not being in the public (economic) interest to go through with the full court processes.

 

However, depending on the full circumstances (i.e. if you did anything else you haven't mentioned), they may include a further order to pay some form of restitution to a communal or social charitable fund as an alternative to being taken to court.

 

The charge report copy you already received will have reference/s to one or more § XYZ Abs.? S.?  knowledge of which would help to identify whether you could be liable to be prosecuted for an Ordnungswidrigkeit (misdemeanour) or a Straftat (crime).

 

So, if you're looking for something to do in the meantime,

you could worry about that...                 or not!

 

Don't ever do it again though because DB, the Polizei and the prosecutors office will have your ID recorded for the immediate future and repetetive offenders do indeed get prosecuted the results of which can become permanent features of their history.

 

As far as your UK work/visa application is concerned you should read the legal notes on the conditions carefully and look for any notes about informing them of any change in circumstances re that particular question.

 

If the charge you may be facing is a misdemeanour you could probably disregard the obligation to update your info in good conscience without exposing yourself to a charge of failing to disclose pertinent facts in full.

 

OTOH if the possible charge is for a crime then you could theoretically be exposing yourself to a future headache albeit IMO the chances of that happening are probably fairly slim.

 

If the case did go through a German court and you were sentenced it would have to be unusually harsh for that result to be on your permanent record in Germany because it takes a sentence of over 90 days imprisonment or a fine of over 90 days earnings to become part of a criminal record.

 

2B

 

Disclaimer: I am not a lawyer and none of the above purports to be legal advice. Only a qualified Rechtsanwalt or Jurist is authorized by law to provide legal advice in Germany.

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Hello, thank you for your reply. The charge mentioned in the report is “fraudulent acquisition of payments”. It falls under criminal offenses. That’s the only charge which is selected.

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@2B_orNot2B so this means that DB has already laid the charge ? Or it’s the police that have laid the charge?Or do they do that if I fail to pay the fine. As mentioned I have already paid the fine.

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if you paid the fine why worry you have proof???? but i must admit i guessed your nationality before i had finished reading the post

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4 hours ago, ayverma said:

@2B_orNot2B so this means that DB has already laid the charge ? Or it’s the police that have laid the charge?

 

You paid the fine to DB. Nevertheless, you have committed a crime and the state prosecutors office is responsible for criminal offenses, not DB. 

 

And that brings us back to what 2B already answered: 

 

9 hours ago, 2B_orNot2B said:

 

There is nothing you can do about that until you receive a letter with a written notice from a state prosecutors office telling you what their decision on the charge laid by DB against you was.

 

Depending on how massive a backlog the prosecutors office in the place the police took that report are struggling to work through that letter may take anything from 3 weeks to 3 months to reach you. (...)

 

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Hello, regarding my visa application. I need to mention if I have any pending charges. I am not sure wether the "report" I received from the police is a "charge (Anklage)". The wordings on the document goes as follows:

Quote

Beschuldigtenvernehmung im Strafverfahren

Quote

Erklärung

Mit wurde eröffnet, welche Tat/Taten mir zur Last gelegt wird/werden (§ 163a Abs.4 StPO ). (siehe Seite 2)

 

From information I gathered here, it would seem this is an initial report, and the charge and conviction come later, if the court decides to. If that is so, I can technically proceed with my visa application without any changes.

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The options in the application are as follows:

  • A criminal conviction
  • A penalty for a driving offence, for example disqualification for speeding or no motor insurance
  • An arrest or charge for which you are currently on, or awaiting trial
  • A caution, warning, reprimand or other penalty
  • A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behaviour
  • A civil penalty issued under UK immigration law
  • No, I have never had any of these

Now I don't think I am really "charged" and I am certainly not awaiting trial, as I have not received any notice. Which option best suits this case ? I want to be truthful, but I don't want to hurt my case myself. If there was an option to describe my current situation, precisely, in words, I would go for it.

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51 minutes ago, ayverma said:

Hello, regarding my visa application. I need to mention if I have any pending charges. I am not sure wether the "report" I received from the police is a "charge (Anklage)".

 

No, that's not a charge yet, that's a hearing of an accused person in criminal proceedings. Any dictionary would have told you that, by the way. 

 

8 minutes ago, ayverma said:

Which option best suits this case ?

 

The last one. And now please relax and remember:

 

14 hours ago, 2B_orNot2B said:

As far as your UK work/visa application is concerned you should read the legal notes on the conditions carefully and look for any notes about informing them of any change in circumstances re that particular question.

 

 

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