Future consequences related to a charge of criminal offence: Drinking and riding bicycle in Germany
I am a non-EU person and a few months earlier, I was accused of a criminal offence of drink and riding a bicycle (the event was only for 2-3 minutes, no one hurt, police caught me immediately). After some days of this charge, I have received a letter stating: if I agree to pay a fine all the legal proceeding against me will be discontinued without any further notification to me. And, there will be neither an entry in the federal central register nor in the registry of fitness to drive. I will be deemed to have no criminal record. I have fulfilled the obligations in a timely fashion.
At present, I am searching for a job and this week I have received a job offer from Finland. So to proceed further, I need to apply for a Finnish visa. In the visa form, there is a section of criminal history and certain questions were asked, for example,
- Have you ever been convicted of an offence and sentenced to punishment?
- Do you consent to the Finnish migration authorities obtaining a criminal record extract or similar report from foreign authorities?
In my case, I could not able to make up my mind. What should I write in the form? Should I mentioned about the incident of drink and riding a bicycle or not (although in the letter it was mentioned that if I pay the fine then there will be no record against me)?
I will be grateful if anyone can give some information on this.
Best Answer
Depends on the fine print.
German law has something called a Strafbefehl, a non-negotiable, court-approved offer of a plea bargain. One can take it or request a full court case. The Strafbefehl is only possible for a misdemeanor, and differences between a crime and a misdemeanor are problematic when it comes to translations.
It could also be a simple fine for a public order offense, which is not a crime.
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Is it illegal to ride a bike drunk in Germany?
In Germany cyclists are subject to the same traffic and drink driving laws as everyone else: German cyclists and and do lose their driving licences for cycling while under the influence.How are criminals punished in Germany?
Felonies are punishable by prison sentences of one year or more. Misdemeanours can be punished by shorter prison terms, by a combination of imprisonment and a fine, or solely by a fine. By far the largest the most common sentence in Germany is a fine.What is a serious crime Germany?
Serious and less serious criminal offences. (1) Serious criminal offences (Verbrechen) are unlawful acts which are punishable by a minimum term of imprisonment of one year. (2) Less serious criminal offences (Vergehen) are unlawful acts which are punishable by a lesser minimum term of imprisonment or by a fine.How long does criminal record last in Germany?
(3) Entries made in accordance with section 11 are removed from the Register after 10 years in the case of proceedings on a less serious criminal offence (Vergehen) and after 20 years in the case of proceedings on a serious criminal offence (Verbrechen).More answers regarding future consequences related to a charge of criminal offence: Drinking and riding bicycle in Germany
Answer 2
OK. Literal interpretation. You can truthfully answer no even if you do not intend to pay the fine. You have not been convicted.
But... if you don't pay the fine and you are ever asked again, such as upon entry, you might have to answer yes. So yeah, answer quickly and pay the fine.
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