Charge

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The charge rate is in accordance with German Strafprozessrecht part of the indictment and in § 200 controlled CCP. It will be read out at the beginning of the main hearing .

The indictment consists of an abstract part, in which the criminal laws and paragraphs are reproduced, against which the accused is said to have violated, and a concrete part, in which the life facts accused are described in a concise and concise form. The concrete part defines the act in a procedural sense ( immutability principle ).

The order of the concrete and abstract part can vary depending on the federal state .

example

For example, the accused has towed his deregistered vehicle from his place of residence to another place without having the necessary driving license. The abstract charge without personal details reads:

... is charged

on <<date>>

in <<location>> and elsewhere

by the same act

a) in breach of duty, to have left the tax authorities ignorant of significant tax facts and thereby reduced taxes, whereby they have illegally used a vehicle subject to vehicle tax insofar as the vehicle was not licensed under traffic law,

b) having driven a motor vehicle even though he did not have the required driving license ...

The concrete charge is intended to substantiate the elements of the offense. "This is based on the following facts:

The accused dragged his deregistered car <<Designation>>, FIN: <<Chassis number>> from the garage in A-street, in X to B-street in Y, without having the necessary driving license.

Offenses punishable under Section 52 of the Criminal Code, Section 370 of the Tax Code, Sections 1, 2, Paragraph 5 of the Motor Vehicle Tax Act; §§ 2, 21 Road Traffic Act. "