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Is it possible that one is accused of a criminal offence in Germany and ask to pay a fine and it was also mentioned that if the fine is paid in within the time limit the case will be discontinued and no public lawsuit will be filled and there will be no criminal record against the person name.

Let assume that the person pays the fine then in this case the person will be convicted or not? Or the case becomes null and void.

3

Yes and No

Germany has several criminal records.

Technically, all convictions lead to a criminal record in that there is a record in the Federal Central Register. However, in common usage, a “criminal record” means a crime that appears on a Certificate of Good Conduct.

Which crimes do appear is complicated but basically, if you only have one conviction and the fine was less than a specific amount or had a suspended sentenced less than 3 months that conviction won’t appear.

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  • thanks for the answer. In this case, I have a doubt which is: the person has been accused but there is no lawsuit filed and the person chose to pay a fine to discontinue the process. So, in the case can he be called convicted? – Aragorn Oct 12 '20 at 7:42
  • I think this may be related to a question on expatriates. A person riding a bicycle while being quite drunk was stopped by a police officer and a few days later was offered to pay a fine instead of going to court and did that, so they were fined but never charged, never convicted, and there should be no criminal record. – gnasher729 Oct 12 '20 at 11:11
  • The case mentioned there was a traffic violation, not a criminal offence. You wouldn’t get an offer to make it go away by paying a fine if it was a criminal offence; for traffic violations it’s quite normal. OP may be mistaken about the “criminal offence”. – gnasher729 Oct 12 '20 at 11:21
  • @gnasher729 at least in Australia operating a vehicle (including an unpowered bike) while intoxicated above low range is a criminal offence – Dale M Oct 12 '20 at 20:04

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