Some traffic offenders are only too happy to sell their points. Especially when, for example, he has passed a red light and has to expect three points. If the points account in Flensburg is full, drivers often see no other way out than to hire a straw man who takes some points voluntarily. But how does it work and is it even legal? Here you can find the most important answers to these and other questions.
How does it work?
A seemingly professional variant is to contact a dubious agency or people who usually offer their "services" on the Internet. There are even real agencies that professionally sell points and turn them into a business. Legally, they believe they are safe due to an alleged loophole in the law. For example, drivers who already have too many points on their points account in Flensburg can submit their points via the relevant portals or pass points on to other people they do not know (However, this is also possible among friends). The form is sent to the agency's agents, who in turn look for a suitable candidate in their files. The latter then claims to have committed the traffic offense and then the hearing form is then filled out accordingly. A large number of people can be used in this way. No matter whether it is people who have no car at all, who have not used up all their points or who have nothing against a driving ban. In addition, the payment is also tempting, so that trading points can be seen as additional income for some.
What does the point trade look like legally?
Taking points for money is easy and, moreover, an apparently safe and lucrative business for everyone involved, but of course trading in points is illegal, if it is LEARN MORE acts as an administrative offense! Police, lawyers and the ADAC therefore expressly warn against point trading in Flensburg. If you get involved, you risk a lot more than just the alleged loss of your driver's license. Both the actual traffic offender and the straw man will be prosecuted according to § 271 of the Criminal Code (StGB) of the common indirect false certification. The offender who pays the straw man to make false statements in his hearing sheet can expect a fine or a prison sentence of up to three years if convicted. The lawyers strongly condemn the practices. Because, as they say, there is a great public interest in ensuring that the penalties set out in a fine - in particular the Flensburg points - also hit the real traffic offenders. It goes without saying that if fraud is discovered, the Flensburg points will of course go to the correct account. The straw man cannot of course be convicted of the traffic offense, but he can be convicted of the trade in points.
How high is the risk of being exposed?
Although it is clear that trading points can have serious consequences, it is very difficult for the authorities to uncover illegal points trading. Understaffing is often the problem and therefore, given the mass of individual cases, there is usually no longer any questioning. With several million fine notices (According to the Federal Motor Transport Authority in 2018 alone, there were approximately 4,5 million administrative offenses in road traffic) simply no individual tests can be carried out. So there is a high probability that you will not be discovered when trading points. However, if an official responsible for this is suspected, it is possible for him to receive a photo of the offender from the relevant registry office so that a precise comparison can be made. But speed is also important here. After all, there are only three months left to initiate proceedings. After that, the limitation period comes into force and any further prosecution is blocked. Nevertheless, you should keep your distance from the points trading!
in summary the most important information about points trading:
- Points trading is illegal
- Points trading agencies take advantage of the traffic fears' existence fear
- Points and driving bans are "transferred" to prepayment for sometimes horrific sums of up to € 1.000 (Point fees, driving bans, processing fees and fines are not included)
- the points are overwritten for people who do not need a driver's license, have hardly any points, etc.
- Agencies make sure to find people who are similar in gender, age, appearance, etc. to the person in the speed camera photo
Hearing form, from the fine notice, is filled out by the straw man
the probability of being caught is comparatively low - What is the procedure?
Step 1. Strohmann has to agree to take over the points (he has to admit in the hearing sheet with the signature that he committed the traffic violation and confirm that the driver of the vehicle concerned was at the time of the crime)
Step 2. Strohmann often looks similar to the actual driver so that the speed camera photo matches
Step 3:. Fine proceedings against the real polluter will be terminated
Step 4. Fine proceedings are opened against the straw man
Step 5. Will be fine not paid by the straw man
Step 6. If the fraud is successful, the straw man gets the points on his points account in Flensburg - Point trading often takes place without an agency among friends, acquaintances and families
- Agencies use the statement: "It is not a criminal offense to accuse yourself of an administrative offense. "
- the legal situation: "Traffic offenders and people who take the penalty of traffic offense, according to the Federal Motor Transport Authority, make themselves punishable under § 271 of the Criminal Code of Community False Certification if the offense is one criminal offense (Driver flight, grossly negligent behavior etc.).“As of (07.2020) this applies to processes that not as an offense (Driving too fast, distance, red light pass) are declared. The point trade in the area of administrative offenses is therefore CAN'T punishable.
- Are there any judgments? the OLG Stuttgart (decision of July 23.07.2015, 2 - 94 Ss 15/2015) from XNUMX justified a conviction with the statement of "deliberate misleading of the fine authorities"As well as a resulting"false suspicion in indirect offense"
- People involved must also fear a penalty for aid
- as an alternative, a "advanced seminar" can be attended (cost per seminar: 200 euros)
PS. If a driving ban has been issued, then there is certain conditions the possibility of submitting a so-called pardon to court. There is more on this topic in the following article!