Check-out
In the check kiting at least two people share in collusive cooperation for the purpose of obtaining liquidity systematically checks (especially crossed checks ) from which no payment obligations are based (ger .: Check kiting ).
General
Checks are given as cash to hereby liabilities to settle. In the check law any loan funds functions are inhibited. An interest note on the check is deemed not to have been written ( Art. 7 SchG), and a check is payable on sight - i.e. when presented ( Art. 28 SchG). But are mutually checks only for the purpose of raising money issued , there is already a credit means function.
Transactions
The parties involved each instruct a credit institution ( first collection agency ) to present the check to the drawn bank for payment via the collection route. It is important for the check presenter to obtain a short-term loan at the expense of the first collection agency . To do this, he takes advantage of the usual banking circumstance that he immediately receives a credit note (with the reservation "E.V. - receipt reserved") on his insufficiently funded bank account when he presents a check , has this and the first collection agency allows this. At the time the check is debited from the other person, he or she has already received a check from the first person, submitted it to their first collection agency and credited it, so that the transaction leads to at least mutual balance settlement . This second check practically “rides” on the first; both checks are causally dependent on each other for the process to work. Since this happens more frequently and as a result the account turnover increases progressively, it will ultimately not remain hidden from the banks involved.
Safeguards
To protect against checking checks, among other things, many banks only credit checks for “credit under reserve”, i.e. H. the check amount is credited to the account (with interest from the value date ) without being able to dispose of it. The check is in the so-called "check liability", which generally does not exceed eight bank working days for domestic checks. Exceptions to this rule are sometimes made by banks for checks from "safe" issuers such as insurance companies, tax offices etc. The different financial institutions also proceed with different levels of risk tolerance in check transactions. In addition, implausible account turnover developments are observed.
Criminal liability
The fraudulent disposal of the check amount credited under reserve is the starting point for the check-making process. The fraud according to § 263 StGB is completed here with the granting of the power of disposal over the first check amount as a preliminary credit by the first collection agency . Checking checks can also be a punishable night offense if the submission of the check is only intended to take advantage of a credit previously obtained through fraud.
See also
Web links
- BGH 1 StR 448/00 - judgment v. February 13, 2001 (LG Augsburg) [Breach of trust (lending, overdrafts, checking checks)]
- ZIP - magazine for commercial law, on the immorality of bills of exchange and check riding
Individual evidence
- ↑ Leipziger Commentary, §§ 263 to 266b StGB , 12th edition, 2011, § 263 marginal number 218
- ↑ BGH wistra 2009, 151, 152
- ↑ BGH, judgment of March 27, 1979, Az .: 5 StR 836/78
