Whimsical - Fake TÜV badges offered

Recently updated on September 26, 2023 at 12:54 am

[Update: 26.09.2023] This post was updatedto take more recent information into account. We receive the bizarre news every day via Facebook. While we normally delete the greatest nonsense without comment, there are always so-called "highlights". One such highlight reached us yesterday via an apparently fake Facebook profile when a "Max" offered us a large number of TÜV badges. Here is the specific wording: “Hey, we as car tuners are always faced with the following problem: approval. I like to do what I want, especially on my car, so I spared no effort or expense to produce stickers that happen to look confusingly similar to a Tüv sticker. Maybe you would be interested in solving this problem for yourself and your community, of course, make yourself a good offer too :) Best regards, Tim

Fake TÜV stickers

"Max", which suddenly became "Tim", actually wanted to "sell" fake TÜV stickers and even earn money with them. What's going on in this world? Imagine a person who enthusiastically built a braking system that was far too small in their overpowered vehicle. After this person did not get a registration with the responsible TÜV office, they bought Tim's fake sticker.

a roadworthy car receives the badge as well

Exuberantly and at excessive speed, this vehicle would then crash into a group of people trying to cross the street, possibly run over a family going on vacation, or do some other kind of mess just because of the illegal brakes! What would be then? After we do this our Max Tim in similar form, we received the following answer.

“You're right, I haven't seen it like this before ... you can do damage with it, only intended for tuning. Then leave it, sorry for the disturbance "

We're pretty sure that our warning didn't make him rethink. We tend to believe that "cold feet" were the problem and that his request has already gone to various other companies. PEOPLE - Anyone who buys / sells something like this or just thinks about it brings an entire industry into disrepute! Stop that kind of nonsense!

Colors of the TÜV stickers

Can you steal TÜV stickers?

The TÜV badge is a sought-after item for many thieves. Some people use stolen license plates to go undetected at gas pumps without paying. In just six months, the Berlin police recorded around 3300 thefts of license plates. It may sound surprising, but even if a vehicle is parked on private property, the police are allowed to check the MOT sticker.

Case law on fake TÜV stickers

• Decision of the BayOLG - 207 StRR 2737/19 - January 10.01.2020, XNUMX:
  • The resolution deals with the certificate quality of TÜV stickers with regard to criminal liability for testing and possible errors.
  • Facts: A defendant, the owner of a car with a foreign license plate, used forged German inspection stickers and drove it on a domestic road.
  • The lower court (LG Kempten) saw criminal liability for attempted forgery of documents.
  • The court confirmed that without the corresponding entry in the registration certificate Part I, the TÜV sticker does not constitute a document.
  • It was found that a fake TÜV sticker is only considered a forgery in conjunction with the corresponding entry.
  • The BayOLG did not see the defendant's behavior as an unsuitable attempt, but as an unpunished delusional crime.
  • The defendant was acquitted because there were no criminal offenses under the StVG or StVZO.

Conclusion: The decision sheds light on the nature of the document and the distinction between unsuitable attempt and delusional crime. It shows that questions of error can be answered with a clear distinction between Sections 16 and 17 of the Criminal Code. A “reverse” error can be based either on actual circumstances (§ 16) or on a legal assessment (§ 17). In this case, the defendant's legal error resulted in an acquittal.

Of course that had not been the case.

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