Future consequences related to a charge of criminal offence: Drinking and riding bicycle in Germany

10/14/2020 1:35:25 AM

OK. Literal interpretation.
You can truthfully answer no even if you do not intend to pay the fine. You have not been convicted.

But… if you don’t pay the fine and you are ever asked again, such as upon entry, you might have to answer yes.
So yeah, answer quickly and pay the fine.

10/12/2020 4:26:29 AM

Depends on the fine print.

German law has something called a Strafbefehl, a non-negotiable, court-approved offer of a plea bargain. One can take it or request a full court case. The Strafbefehl is only possible for a misdemeanor, and differences between a crime and a misdemeanor are problematic when it comes to translations.

It could also be a simple fine for a public order offense, which is not a crime.

10/11/2020 4:54:31 PM

Fact 1: You haven’t been convicted. Fact 2: You have been fined. Fact 3: You have committed an offence (that’s what you told us). Fact 4: There is no record in Germany that you were even accused of an offence. Fact 5: You have never been charged of an offence.

You should answer the exact questions that you were asked truthfully. The truthful answer to question 1 is “no”. You took the offer to get rid of the matter by paying a fine, therefore no charge, no conviction, no punishment, no record. Good move on your side.

The second question: If you don’t agree, I bet you won’t get a visa. On the other hand, there will be no record of the matter in Germany so a search will turn up nothing.

(Other countries may ask different questions, like “were you ever charged…” and you would have to answer “yes” if you were charged even if you were later proven innocent. In such a situation lying will most likely give you more trouble than saying the truth. But in your case: You were not charged. ).

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