Monetary requirement marketing

from Wikipedia, the free encyclopedia

Monetary requirement marketing refers to the endeavor of recognized non-profit organizations to apply to judges and public prosecutors for the allocation of monetary requirements according to § 153a StPO. In colloquial terms, the term “fine marketing” or “fine fundraising” is often used.

Legal basis

Monetary requirements can be imposed by judges and public prosecutors based on Section 153a of the Code of Criminal Procedure (StPO) and Section 56b of the Criminal Code (StGB) as well as by tax authorities in accordance with Section 377 of the Tax Code (AO).

Section 153a StPO

Section 153a of the Code of Criminal Procedure provides for judges and public prosecutors to be able to discontinue investigative proceedings or court proceedings against a condition or instruction if “to eliminate the public interest in prosecution and the seriousness of the guilt does not conflict”. Such a requirement can consist, for example, of paying a sum of money to a charitable organization or the state treasury.

Paragraph 153a of the Code of Criminal Procedure was introduced in 1975 as part of the reform of criminal procedural law under Federal Justice Minister Gerhard Jahn (SPD). It should help to relieve the judiciary and speed up the judicial process.

The maximum amount of a monetary deposit is set at a daily rate of 30,000 euros, the maximum amount of the daily rates is 720, which results in a possible maximum amount of 21.6 million euros.

Until the main proceedings are opened, the public prosecutor's office will decide whether to discontinue the proceedings and to issue the relevant conditions and instructions. However, it is obliged to obtain the consent of the court responsible for opening the main proceedings. As soon as the action is brought, the court can suspend the proceedings until the end of the main hearing with the consent of the public prosecutor and the accused.

Prominent examples of the application of Section 153a StPO are, for example, the suspension of the trial against Bernie Ecclestone and the suspension of the Mannesmann trial against Josef Ackermann .

Section 56b StGB

According to Section 56b of the Criminal Code , a monetary requirement can also be imposed in connection with a judgment. There it says:

"(2) The court may order the convicted person

  1. to make good the damage caused by the offense,
  2. to pay a sum of money to a non-profit organization if this is appropriate in view of the offense and the personality of the perpetrator,
  3. otherwise render charitable services or
  4. to pay a sum of money in favor of the treasury. "

A prominent example of the application of Section 56b StGB is the one million euros probation against Klaus Zumwinkel .

Section 377 Tax Code (AO)

In the case of tax or customs offenses, the tax authorities can impose fines according to Section 377 of the Tax Code (AO). The provisions of Section 17 OWiG then apply here again . The corresponding authorities are called differently depending on the state, e.g. B. Tax office for search and criminal matters or tax investigation, fine and criminal matters office.

Volume of money issued in Germany

In 2013, non-profit organizations in Germany received a total of 81.5 million euros in cash. Compared to the previous year, this corresponds to an increase of 13 percent: in 2012, non-profit organizations were allocated around 72 million euros. The federal state with the highest allocation is North Rhine-Westphalia.

Income of individual organizations from monetary requirements in 2013

organization Amount of money
Doctors Without Borders 1,299,367 euros
terre des hommes 480,661 euros
Kindernothilfe 595,937 euros
WWF Germany 366,440 euros
SOS Children's Villages 513,678 euros
International plan 73,685 euros
German World Hunger Aid 300,000 euros

Methods of monetary marketing

Listing

Fundamentally, according to the law, money can be allocated to any recognized non-profit organization. However, judges often use lists of organizations entitled to receive information (so-called “fine lists”), which are issued by the public prosecutor's offices (e.g. North Rhine-Westphalia), senate administrations (e.g. Berlin), higher regional courts (e.g. higher regional court), as a basis in their assignment practice Oldenburg) but also by individual regional courts (e.g. Saarbrücken regional court) and local courts (e.g. Mannheim district court).

Any recognized non-profit organization can apply for inclusion in such a list. The application practice varies regionally.

Letter to judges and prosecutors

To increase their chances of getting a cash allocation, many nonprofits regularly send letters to judges and prosecutors actively soliciting assistance. Some use the help of specialized agencies for this. According to a study, a third of German judges and prosecutors received up to ten letters per week from non-profit organizations.

Inserts and advertisements

Another possibility of monetary marketing is the placement of advertisements and advertorials in specialist journals, for example the New Journal for Criminal Law.

In addition to the legal journals, there are meanwhile also media that concentrate entirely on the marketing of non-profit organizations to judges and public prosecutors, for example the magazine “ENGAGIERT AKTUELL” and the “Geldauflage Jahrbuch”.

Online marketing

Many non-profit organizations now also advertise online for monetary requirements - for example with special sub-pages on their websites (e.g. NABU, DRK), advertisements on Google AdWords or entries in specialized online directories.

Individual evidence

  1. ↑ Kröselberg, Mathias: Monetary circulation marketing - How to get started and secure long-term income. Verlag Dashöfer GmbH, 2009 (July 11, 2014).
  2. ↑ Section 153 of the Code of Criminal Procedure (StPO) (July 11, 2014).
  3. ^ Heinz, Wolfgang: The criminal law system of sanctions and the practice of sanctioning in Germany 1882 - 2010. Internet publication: Konstanzer inventory Sanktionsforschung. Version 1/2012. (July 11, 2014).
  4. ↑ Section 56b of the Criminal Code (11 July 2014).
  5. ↑ Kröselberg, Mathias: Monetary circulation marketing - How to get started and secure long-term income. Verlag Dashöfer GmbH, 2009 (July 11, 2014).
  6. ↑ Barkusky, Josephine: Upward trend: Monetary circulation statistics 2013. 2014. (November 14, 2014).
  7. ↑ Doctors Without Borders: Annual Report 2013. 2014. (July 11, 2014).
  8. ↑ terre des hommes: Annual report 2013. 2014. (July 11, 2014).
  9. ↑ Kindernothilfe: Annual Report 2013. ( Memento of the original dated December 24, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 2014. (July 11, 2014).  @1@ 2Template: Webachiv / IABot / www.kindestothilfe.de
  10. ↑ WWF Germany: Annual report WWF Germany 2012/2013. 2013. (July 11, 2014).
  11. ↑ SOS Children's Villages: Annual Report 2013. ( Memento of the original from August 17, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 2014. (July 11, 2014).  @1@ 2Template: Webachiv / IABot / www.sos-kinderdorf.de
  12. ↑ Plan International Germany: Annual Report 2013. 2013. (July 11, 2014).
  13. ↑ Welthungerhilfe: Annual Report of Welthungerhilfe 2013. 2014. (July 11, 2014).
  14. ↑ Mannheim District Court: List of fines. (July 11, 2014).
  15. ^ Justice portal North Rhine-Westphalia: non-profit institutions. (July 11, 2014).
  16. ↑ Senate Department for Justice and Consumer Protection: The collective fund for monetary requirements in favor of non-profit institutions ("SamBA"). (July 11, 2014).
  17. ^ Higher Regional Court of Oldenburg: Directory of non-profit institutions. (July 11, 2014).
  18. ^ Saarbrücken regional court: registration procedure. (July 11, 2014).
  19. ↑ Mannheim District Court: List of fines. (July 11, 2014).
  20. ↑ Verlag PRO Sozial: Entry in the list of fines: This is how your institution can benefit from fines. ( Memento of the original from March 4, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (July 11, 2014).  @1@ 2Template: Webachiv / IABot / www.nonprofit.de
  21. ↑ Martin, Nicolas: Millions for a good cause . In: Deutsche Welle , May 16, 2012 (August 15, 2014).
  22. ^ German Fundraising Association e. V .: Quo vadis monetary marketing? Pro Bono Fundraising clears up prejudices with new online studies.  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. 2013. (July 11, 2014).@1@ 2Template: Toter Link / fundraisingverband.de  
  23. ^ NABU: Monetary requirements for nature conservation. (June 10, 2015).
  24. ↑ German Red Cross: Creating ways out of necessity - financial requirements help in crisis regions. (June 10, 2015).

literature

  • Fundraising Academy (Ed.): Fundraising. Handbook for basics, strategies and tools. 4th edition. Gabler Verlag, Wiesbaden 2008, ISBN 978-3-8349-0820-9 .

Web links