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District Disregards Court Ruling and Wants to Keep Collecting MoneySteffen Hirschfeld received a reminder from the Burgenlandkreis because he did not pay the fine notice that, according to a court ruling, he does not have to pay. 
As already reported on buergerstimme.net, Steffen Hirschfeld received a charge from the police for "dangerous interference in road traffic" due to his participation in farmers' protests and the blockade of the highway on January 8, 2024. After paying 150 euros, the public prosecutor discontinued the proceedings. The Burgenlandkreis issued a fine notice for exactly the same matter and demanded 500 euros. The district court overturned this fine notice by ruling and sided with Steffen Hirschfeld’s legal opinion. One cannot be punished twice for the same offense, which also applies to administrative offenses. It was only the court that overturned this fine notice, as the legal and regulatory office was obviously either unwilling or not competent to recognize this on its own. The Burgenlandkreis Wants to Keep Collecting MoneyOn June 20, 2024, Steffen Hirschfeld received a reminder from the Burgenlandkreis as the enforcement authority demanding the fine amount of 528.50 euros, which according to the court ruling does not have to be paid, plus additional reminder fees of 22.50 euros. The reminder is dated June 14, 2024. He was asked to pay the outstanding amount within one week. He was threatened that in case of default the amounts would be forcibly collected. Steffen Hirschfeld filed the following objection: Dear Sir or Madam, I have taken note of your reminder letter threatening enforcement dated 14.06.2024, received by post on 20.06.2024, with great astonishment. First of all, I hereby fully and timely file an objection against your reminder letter dated 14.06.2024. At the same time, I request the suspension of execution without security for the total amount of €551.00. Reasoning: According to the judicial ruling of the Naumburg District Court dated 15.05.2024, issued on 30.05.2024 under file number 9 OWi 713 Js 205077/24 (278/24), your procedure or the fine notice was dismissed. With your reminder, you arbitrarily oppose the court decision. I cannot help but get the impression that you or the Burgenlandkreis authority deliberately ignore the court’s ruling. Thus, you or your employer make yourself liable to prosecution for perversion of justice under § 339 of the Criminal Code. I hereby reserve the right to file a criminal complaint against you or your employer for perversion of justice (§ 339 StGB). It should also be noted that your reminder letter is illegal if its content violates the law on fair trading, i.e., if it constitutes an aggressive act within the meaning of § 4a UWG. Apparently, your authority is committing a serious abuse of discretion according to § 40 of the Administrative Procedures Act. It clearly states there that an administrative act is unlawful if discretion is exercised incorrectly or was incorrect. I would also like to point out the legal consequences of abuse of discretion. Both civil and criminal consequences may arise for the person exercising such abuse. Author: AI-Translation - Michael Thurm | vor dem 01.07.2024 |
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