False holder
As apparent stewardship , the result of an act is colloquially referred to within narrow limits (BGH, decision of 12.02.2014, Az .: 1 con 31/14) to § 271 of the Criminal Code as indirect false certification or as aid to car tax and to drive can be punishable without insurance cover. It is the fraudulent induction of vehicles to be allowed on the road without wanting to be the vehicle owner.
A vehicle owner is someone who uses a vehicle for their own account and who has the power of disposal that such use requires. The keeper and owner do not have to be identical. However, the owner must at least actively use the vehicle. He is also affected by the insurance law burdens from the Compulsory Insurance Act and the obligation to pay vehicle tax .
Ticket holders are people who, on behalf of third parties, usually obtain the issue of a vehicle registration document for a large number of vehicles at the vehicle registration office, but without actually wanting to hold the vehicle and / or not being able to hold it at all for cost reasons. Instead, the uninsured and untaxed vehicle is used by the third party until, for example, a traffic check reveals the holder's identity. The often penniless note holder is meanwhile used to pay insurance contributions and vehicle taxes. In return for the admission, the third party promises a certain amount of money.
The more intensive examination of the owner's status in the registration procedure according to § 12 FZV and the issuance of the " registration certificate part II" instead of a vehicle registration document made the commission more difficult.
Web links
- Fictitious case study with information on the outdated Road Traffic Licensing Regulations (StVZO)
- OLG Hamm decision of January 18, 2000 - 3 Ss 558/99
Individual evidence
- ↑ OLG Cologne, MDR 1994, 505
- ↑ Andre Zand-Vakili: Fraud series with penniless car owners Die Welt, June 19, 1999
- ↑ Christopher Lück, Claire Schreyer: Admissions Office Case ( Memento of the original from January 14, 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. on BGH, decision of December 2, 2014 - 1 StR 31/14, NJW 2015, 802. famos, 04/2015
