Overdraft

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Excess fees are a criminal offense under the German Criminal Code . According to § 352 StGB, a public official , lawyer or other legal adviser who is allowed to charge fees or other remuneration for official activities for his own benefit is punished with imprisonment for up to one year or with a fine if, contrary to his better judgment , these fees are wrongly or too high raises.

The regulation is lex specialis in relation to the general fraud situation of § 263 StGB; it is also an Protection Act within the meaning of § 823 para. 2 BGB, that the one who gets a fee-sufficiency guilty after tort rules liable to pay damages is.