Küblböck case continued

The Küblbock cucumbers have been taken up more seriously by law blog and Handakte WebLAWg.

Rainer Langenhan says that the SZ was incorrect to say up to 25 euros was being bid – the current prices are no more than 7.50 euros (Paul Thomas, in a comment to the last entry, says he counted 117 offers). However, it may be that some have already been sold in an auction wíth a short deadline.

Udo Vetter says the public prosecutor’s office is mistaken to describe the cucumbers as worthless if they are being sold on E-Bay. Rainer Langenhan says even if they are not worth much, there is still an offence available under section 259 (2) of the German Criminal Code, Teilnahme an der Entwendung geringwertiger Sachen – participation in the misappropriation of property of little value – and that there is a public interest in prosecution in view of the auction. Veter adds that even valueless property can be stolen, although the victim (here presumably the pickles company) has to make an application for prosecution (Strafantrag) for theft of property worth less than 25 – 50 euros. But if there is public interest (see above), the public prosecutor can go ahead without an application from the victim. The exploitation of an accident might be enough – at least, if the public prosecutor wants some publicity.

And finally, Vetter adds, selling pickled cucumbers bought from the local supermarket as Küblbück accident pickles (!) is frau (Betrug).

1 thought on “Küblböck case continued

  1. What seems far more interesting to me was that an auctioner set his cucumbers for a ‘buy-now’ price of no less than 500 Eur per unit [glas]. Eventually, his auctions were aborted with the usual explanation.

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