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Online Casinos in general: Charge of unauthorized gambling ( 285 StGB) (Page 65)

Topic created on 23rd Jan. 2021 | Page: 65 of 65 | Answers: 644 | Views: 170,381
Traurig
Visitor
What I am wondering is the following, which some have already reported:

You get a summons for illegal gambling §285 with an appointment to appear at the police station.
But you didn't keep this appointment.
You either didn't go without canceling, or you canceled.
Some then waited without the help of a lawyer, others requested access to the file via their lawyer.

And have heard and read several times...
After ignoring the summons, the public prosecutor's office will at some point dismiss the case.
Or the proceedings are discontinued even though there has been no inspection of the files.

How does that work?
Isn't it the public prosecutor's office that gives the police the order to interrogate Mr. xxxxx?
Or is the police the first authority to be informed, for example, after the bank or financial services Provider has filed a complaint?

Can someone enlighten me!

This post has been translated automatically

Saphira
Expert
Traurig wrote on 13.12.2024 at 20:09: What I am wondering is the following, which some have already reported:

You get a summons for unauthorized gambling §285 with an appointment to appear at the police station.
But you did not keep this appointment.
You either didn't go without canceling, or you canceled.
Some then waited without the help of a lawyer, others requested access to the file via their lawyer.

And have heard and read several times...
After ignoring the summons, the public prosecutor's office will at some point dismiss the case.
Or the proceedings are discontinued even though there has been no inspection of the files.

How does that work?
Isn't it the public prosecutor's office that gives the police the order to interrogate Mr. xxxxx?
Or is the police the first place where the public prosecutor's office is automatically informed, e.g. after the bank or financial service Provider has filed a complaint?

Can someone enlighten me!

Hello Traurig, criminal charges are usually filed with the police. They create a case and it is first given a police diary number. The police then either investigate a little, do some preliminary work or immediately send the case to the public prosecutor's office, where all criminal charges ultimately end up. There the whole thing is given a public prosecutor's file number. The accused is then sent a file number notification. If he has hired a lawyer, he can apply for access to the file number. However, you do not necessarily have to have a lawyer. The responsible public prosecutor or public prosecutor investigates the case and then decides according to the file.

Keep your fingers crossed that the proceedings are dropped.

This post has been translated automatically

bruffl
Expert

Traurig wrote on 13.12.2024 at 20:09: What I am wondering is the following, which some have already reported:

You get a summons for unauthorized gambling §285 with an appointment to appear at the police station.
But you did not keep this appointment.
You either didn't go without canceling, or you canceled.
Some then waited without the help of a lawyer, others requested access to the file via their lawyer.

And have heard and read several times...
After ignoring the summons, the public prosecutor's office will at some point dismiss the case.
Or the proceedings are discontinued even though there has been no inspection of the files.

How does that work?
Isn't it the public prosecutor's office that gives the police the order to interrogate Mr. xxxxx?
Or is the police the first place where the public prosecutor's office is automatically informed, e.g. after the bank or financial service Provider has filed a complaint?

Can someone enlighten me!

The complaint is made to the police.

In contrast to misdemeanors, the police are obliged to investigate criminal offenses and forward them to the public prosecutor's office
to the public prosecutor's office.
The public prosecutor's office can then decide at its own
Decide at its own discretion whether it is in the public
Is in the public interest to investigate further.
In the case of more serious offenses, it then goes to court, which can be ruled out in your case.
I've experienced the craziest things (neither as a public prosecutor, judge or defendant...), which have even been dropped in court
has even been dropped in court.

This post has been translated automatically

Traurig
Visitor
Hello Saphira,
thank you very much for your quick reply.

When the lawyer told me not to go to the police, my wife called the police, said we would get legal assistance now and canceled the appointment there.
The policeman on the phone then told my wife that he would send the case back to the public prosecutor's office and gave her the file number there.
Asked which lawyer.

Then why did he already have a file number from the public prosecutor's office?
The police file number described in the summons was a different one.

This post has been translated automatically

bruffl
Expert
and don't let it spoil your vacation,
the worst thing that can happen is that the proceedings are discontinued against payment of
maybe 500€.
Cheer up!

This post has been translated automatically

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