Common criminal offences

Start with the distinction between crime and misdemeanor

Criminal law makes a distinction between crimes and misdemeanors. Violations are generally dealt with by the subdistrict court judge; crimes by the criminal division of the court. The topic page of the Judiciary shows how diverse criminal cases can be. The legal classification follows from the applicable criminal law, not from the impression that something feels innocent or serious to you.

Therefore, read the description in the letter next to the aforementioned articles of law. Note whether you are being approached as a suspect, witness or victim. These are different positions with different questions. If there is a call for an interrogation, view the explanation about the police interrogation. In the event of an actual deprivation of liberty, the information about arrest is the appropriate starting point.

Theft and burglary: pay attention to the specific accusation

Very different events are discussed under the heading of property crimes: a stolen shop item, stolen bicycles or a home burglary. The Case law on theft and burglary makes it clear that treatment and sentencing depend on the case. For example, the presence of violence or threat is an essential circumstance. A news item about another theft is therefore not a reliable benchmark for your own file.

A business timeline helps for the preparation: where were you, which goods are mentioned, who was present and what documents exist? Distinguish what you saw yourself from what you later heard from others. Please keep any proof of purchase or notice in its original form and discuss its relevance with your attorney. A loose statement about the value of an item does not answer all questions about the accusation.

Violence, assault and destruction

violent crimes may involve violence against persons or property, such as assault, open violence, arson and vandalism. The consequences, including injuries, may influence the assessment. An event involving several people also requires attention to everyone's specific role. The label arguing alone does not provide that information.

A useful preparation describes the sequence: what happened before the incident, during the incident and after? State what you are sure about and what you are unsure about. Don't include assumptions about others' intentions as established fact. Have your lawyer assess which questions about evidence, involvement and possible defenses arise from the documents. You cannot deduce the qualification of the event from just the first report or the words used by bystanders.

Fraud and digital facts require context

The Judiciary mentions fraud as including identity fraud, internet fraud, fraud, money laundering and benefit fraud. These are different legal categories. For example, a suspicion surrounding a bank account may raise different questions than a case about a benefit form. The precise alleged act and the available documents remain leading.

Organize relevant administration chronologically. Think of agreements, invoices, payment details and complete conversations. Explain which pieces are yours and which you received from someone else. A screenshot without the date or the preceding messages may give an incomplete picture. Do not change the original files to make them clearer; it is better to make a separate explanation for yourself. Then discuss what information is needed to understand the accusation. This approach supports file research, but does not constitute a judgment about guilt or innocence.

There are various legal routes in traffic

A letter about a traffic offense may concern an administrative fine, penalty order or summons. Which route to court is possible partly depends on the document received. The Case law on traffic violations emphasizes this distinction. Therefore, do not simply use the objection procedure that you previously used for a different type of traffic fine.

View the document title, sender, number, description, and remedy information. Also explain whether your question is about the amount of money, the charge or your driver's license. This makes it clear which decision needs to be investigated. A received summons requests preparation of the criminal hearing. For questions about possible registration, you can also use the explanation about and a criminal record. The amount alone does not indicate which procedure or registration is involved.

Drugs: tolerating is not the same as allowing

The Opium Act makes a distinction between hard drugs and soft drugs. In addition, there is a tolerance policy under certain conditions. It does not follow that everything involving cannabis is permitted. The National Government on coffee shops and tolerance describes conditions and limits to non-prosecution. A popular summary that soft drugs are legal omits that legal meaning.

In the event of a specific suspicion, it must be clear which substance and which action is involved. Property, transportation, production and trade are not interchangeable words. Make a note of what exactly is stated in the official accusation and what information is still missing. Don't rely on a quantity that was mentioned in another story. To assess your own situation, the applicable rules and the circumstances of the file are required.

Not every investigation ends in criminal court

After the investigation, the Public Prosecution Service can make various decisions. The explanation of the Public Prosecution Service about criminal cases describes, among other things, dismissal, punishment order and summons. In the case of a criminal order, the Public Prosecution Service itself imposes a sanction; Only the judge can impose a prison sentence. A dismissal means that the Public Prosecution Service will not prosecute further, but the reason and any conditions must be read from the decision.

For each new document, ask what has been decided, whether you need to respond and what deadline applies. An invitation is not a statement and a penalty order is not a non-binding payment suggestion. The individual steps can be found in our explanation of the criminal procedure. A lawyer can clarify what the decision in the file means. This prevents you from focusing your preparation on a hearing that has not yet been scheduled, while another document requires immediate attention.

The maximum penalty does not predict the specific penalty

The Case law on punishments and measures mentions various factors: the fact, the circumstances, the person and the consequences for the victim. The judge will seek an appropriate decision within legal limits. Landmarks can provide guidance, but are not mandatory rates. A maximum prison sentence you find online is therefore not a calculation of the likely outcome.

Keep four questions separate: what are you accused of, what can be proven, what legal assessment will follow and what sanction may apply? A general article cannot complete all these steps for your case. Personal consequences may also give rise to questions for the lawyer. Anyone who wants to have a court decision assessed should look at appeal in a timely manner, instead of only comparing with online criminal examples.

Hypothetical example: one incident, several questions

Suppose: during a night out, an altercation occurs and a window is damaged. Sam later receives an invitation to be heard as a suspect. He has a short video, but doesn't know if it shows the entire incident. His first step in this made-up example is to save the invitation and the original file and create a timeline with what he knows.

This does not yet determine who is liable or punishable, which fact can be proven or what outcome will follow. The example only shows that an event and the legal assessment are different steps. When finding a criminal lawyer, Sam can ask about experience with these types of files and the preparation of the interrogation. He can also have it checked in advance whether an addition is possible. Own conditions apply.

Checklist: First understand the suspicion and the next step

An organized file makes a first conversation more concrete. You do not have to decide for yourself which article of law ultimately applies. The preparation is intended to retrieve information, keep uncertainties visible and prevent an official date from disappearing among other messages.

• Check whether you are a suspect, witness or victim in the received letter.
• Note the public prosecutor's office number, the facts mentioned, articles of law and official dates.
• Save documents and digital files in their original form.
• Separate your own observations from the suspicions and stories of others.
• Ask what procedure is in progress and what response may be required.
• Discuss the assignment, financing and next appointment with the lawyer.

From a general topic to the concrete suspicion

For violence, there are separate guides on assault, threat and invoking emergency defense. These topics are sometimes related, but ask different questions about evidence and assessment. A personal description such as I defended myself is therefore the start of a conversation, not a fixed legal outcome.

For property and drug offenses you can continue with theft, fraud and drug possession. If a young person is suspected, also read the explanation about juvenile criminal law. In addition to the fact, the process phase remains important: an invitation for questioning requires different preparation than a criminal order or summons.