Once again fudged the odometer? | Criminal Law Blogger
The number of kilometers traveled is well - besides the year - worth the defining feature of a car. Unlike the year of the mileage value should be as low as possible, if you still want to continue to sell at a significant price the beloved used car. But what if the counter has already exceeded 100,000 the magic? Earlier mechanical odometer demanded the car lay off some, he wanted to turn back the numbers. Today's digital displays can be changed within seconds at an attractive value with the appropriate software. Legal is not the course. However, according to what standard the car tuner actually makes a crime? And how to get out of the "number" back out when one is encountered with a souped odometer? Not a rare phenomenon: Finally, up to 30 percent carvins cove of the cars are estimated to be affected. Strafrechtsblogger.de goes these problems once on the ground.
First, the regular readers of this blog should be clear that a sale of the used car having regard to the doctored odometer carvins cove fraud realizes the elements carvins cove of 263 of the Criminal Code, if the buyer is not informed of the wrong count.
Thus, it is not enough. Regularly appear in our law firm clients in which a souped odometer was detected. But they did not want to sell their car. Can the styling without the intent to harm another person, be punishable? Yes - thinks the legislature.
The legislator assumes that the fraud is usually difficult to detect. For this reason, in 2005, he has significantly moved forward in time the offense (Federal Law Gazette I 2005 p 2412).
[T] he term of imprisonment up to one year or with a fine [...] Whoever, 1 measuring a distance recorder, carvins cove with which a motor vehicle is provided, characterized distorted because it affected carvins cove by the action on the device, or the measurement process, the result of the measurement.
With imprisonment up to one year or a fine will be imposed on anyone who 3 an offense carvins cove referred to in paragraph 1 or 2 prepared by computer programs whose purpose is the commission of any act, manufactures, or gives another, offers for sale or transfer to another.
In corresponding application of 149 Paragraph 2 and 3 of the Criminal Code there is for this pre-preparation procedures, the possibility of repentance active. The abandonment of the execution of the prepared deed or destruction of the software or the software at the authority delivering the requirements carvins cove (standard text) to gain impunity.
What should you do if you got caught with coiffed odometer? Here, the general principles apply: The prosecution must be able to prove who manipulated the odometer. This may be the vehicle owner - but it need not, of course. In particular, any previous owner come into consideration as the perpetrator. Without carvins cove a statement of the suspects, it is therefore very difficult in general to determine the actual perpetrators. Therefore, here is the serious note, never to give information to the police, but to hire a Verteidger access to the file.
2011 10/06 POSTED BY CATEGORY Constantine Star General Advanced Urteilsanmerkung traffic criminal TAGS odometer speedometer points in Flensburg StVG active regret criminal traffic carvins cove 2 comments
View 6 October carvins cove 2011
How are police or the state will ever pay attention to these people? At least I have not experienced any general traffic control, in which a police officer would have matched the tachometer with the checkbook or the like.
Often, the buyer of a used car has a complaint. This is based on a regular basis that a supposedly "scheckheftgeflegtes" Vehicle has broken down after a very short time. Demands for Vorhaltern shown that the current mileage has been reached years ago.
It also happens that vehicles are offered on the internet carvins cove with a certain mileage. If you then done a little research, you realize that this vehicle has been acquired with a short time earlier already hear much mileage by the current seller.
an offer of the criminal law firm Dietrich Wiener Straße 7 10999 Berlin-Kreuzberg Tel: 030/609 857 413 with contributions by Steffen Dietrich lawyer carvins cove and specialist in criminal law in Berlin Constantine star graduate political scientist carvins cove and Stude
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The number of kilometers traveled is well - besides the year - worth the defining feature of a car. Unlike the year of the mileage value should be as low as possible, if you still want to continue to sell at a significant price the beloved used car. But what if the counter has already exceeded 100,000 the magic? Earlier mechanical odometer demanded the car lay off some, he wanted to turn back the numbers. Today's digital displays can be changed within seconds at an attractive value with the appropriate software. Legal is not the course. However, according to what standard the car tuner actually makes a crime? And how to get out of the "number" back out when one is encountered with a souped odometer? Not a rare phenomenon: Finally, up to 30 percent carvins cove of the cars are estimated to be affected. Strafrechtsblogger.de goes these problems once on the ground.
First, the regular readers of this blog should be clear that a sale of the used car having regard to the doctored odometer carvins cove fraud realizes the elements carvins cove of 263 of the Criminal Code, if the buyer is not informed of the wrong count.
Thus, it is not enough. Regularly appear in our law firm clients in which a souped odometer was detected. But they did not want to sell their car. Can the styling without the intent to harm another person, be punishable? Yes - thinks the legislature.
The legislator assumes that the fraud is usually difficult to detect. For this reason, in 2005, he has significantly moved forward in time the offense (Federal Law Gazette I 2005 p 2412).
[T] he term of imprisonment up to one year or with a fine [...] Whoever, 1 measuring a distance recorder, carvins cove with which a motor vehicle is provided, characterized distorted because it affected carvins cove by the action on the device, or the measurement process, the result of the measurement.
With imprisonment up to one year or a fine will be imposed on anyone who 3 an offense carvins cove referred to in paragraph 1 or 2 prepared by computer programs whose purpose is the commission of any act, manufactures, or gives another, offers for sale or transfer to another.
In corresponding application of 149 Paragraph 2 and 3 of the Criminal Code there is for this pre-preparation procedures, the possibility of repentance active. The abandonment of the execution of the prepared deed or destruction of the software or the software at the authority delivering the requirements carvins cove (standard text) to gain impunity.
What should you do if you got caught with coiffed odometer? Here, the general principles apply: The prosecution must be able to prove who manipulated the odometer. This may be the vehicle owner - but it need not, of course. In particular, any previous owner come into consideration as the perpetrator. Without carvins cove a statement of the suspects, it is therefore very difficult in general to determine the actual perpetrators. Therefore, here is the serious note, never to give information to the police, but to hire a Verteidger access to the file.
2011 10/06 POSTED BY CATEGORY Constantine Star General Advanced Urteilsanmerkung traffic criminal TAGS odometer speedometer points in Flensburg StVG active regret criminal traffic carvins cove 2 comments
View 6 October carvins cove 2011
How are police or the state will ever pay attention to these people? At least I have not experienced any general traffic control, in which a police officer would have matched the tachometer with the checkbook or the like.
Often, the buyer of a used car has a complaint. This is based on a regular basis that a supposedly "scheckheftgeflegtes" Vehicle has broken down after a very short time. Demands for Vorhaltern shown that the current mileage has been reached years ago.
It also happens that vehicles are offered on the internet carvins cove with a certain mileage. If you then done a little research, you realize that this vehicle has been acquired with a short time earlier already hear much mileage by the current seller.
an offer of the criminal law firm Dietrich Wiener Straße 7 10999 Berlin-Kreuzberg Tel: 030/609 857 413 with contributions by Steffen Dietrich lawyer carvins cove and specialist in criminal law in Berlin Constantine star graduate political scientist carvins cove and Stude
MORE
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