Monday, June 14, 2010

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rule setting 10 grams - Can-setting 15 grams of marijuana resin or marijuana in Berlin

core of the AV to § 31 a BtmG in Berlin: "1 The prosecutor may decide on the circumstances of the case by the prosecution under § 3LA Narcotics Act if they are indeed on the use of cannabis resin or marijuana in a gross amount of not more than fifteen (15) grams for occasional personal consumption refers, provided it can be assumed regarding the drug content of a small amount and the other factual requirements are met,

second Simplified Refers application
the deed to the handling of cannabis resin or marijuana for occasional personal consumption in the gross amount of not more than 10 (ten) grams, then the trial basically set.

third Exceptions
exception to this rule are the cases where the public interest of the prosecution because the legal peace is disturbed over the life cycle of the person concerned also. This is particularly the case when
• Narcotics are used in a way that has a seductive effect on a child or dependent young or adolescent,
• Narcotics in the public ostentatiously or on vulnerable groups (eg children) and before or in facilities or facilities that are visited by these people (especially kindergartens, playgrounds, be schools, youth centers and stations purchased) or consumed
• the act was committed by a person to fear that in the latter institutions operate, or is responsible for implementation of the Narcotics Act,
• action adverse impact on the safety of the public road can or
• the acts in the judicial or disciplinary measures will be committed.

4th Repeated use
The application of § 3LA BtMG is generally not prevent the suspect has already been sentenced several times for offenses against the narcotics law or otherwise, under investigation been set by that provision, or the offense was committed during an ongoing trial period, this is especially true when a drug dependency is present or the suspect can not be excluded. "

Published in the Official Journal for Berlin No 23 of 11.06.2010, Page 868 ff text here.

Monday, May 31, 2010

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Mietnomaden - Proposals of the BSI

The GdW Federal Association of German Housing and Real Estate Associations V. published in May 2010 under other suggestions for dealing with Mietnomaden.

is this from the Confederation of National Associations of Real Estate (BSI) is proposed:


"1 information

" Mietnomaden "who are not willing to make regular rent payments, often detected by obtaining similar information be. It is therefore crucial that the get the opportunity to obtain information on prospective tenants in the previously existing measurements is maintained and not restricted. By the Conference of Data Protection Officer of the countries (Düsseldorfer Kreis) without consulting the housing industry counteract this, provided information on handling requests for information that the Federal Government, the "Mietnomadentum" fight, and will be rejected by us.

second Security

An important measure to combat the "Mietnomadentums" is the creation of the obligation to provide security for disputed rent reduction amounts withheld at the request of the owner. Be notified of a "Mietnomaden" alleged defects in the rented, it is for a third party only in a conspicuous disparity between the alleged defects and withheld rent from a tenant to distinguish normal. While it is the honest tenant to restore the equivalence between the licensed apartment and the rent, the interest of the "Mietnomaden" but only on the alternative use of the rent owed is addressed. If the "Mietnomaden" The other use can be taken would then disappear a major motivation for action.

third Termination option

The justification of the obligation to guarantee the selection made to accord a right of termination in the absence of security and the achievement of a significant proportion of rent dispute.

4th Process shortening

The injunction proceedings for the assertion of the right to guarantee the proper procedure, since by the security services do not constitute an anticipation of the matter still is a shift in the risk of insolvency. Obtaining a permit for an eviction notice by the absence of a guarantee to be in the certificate process be possible as all the circumstances of documents (lease, collateral call, termination) are detectable.

5th Reduce enforcement costs and speed up the process

The scheme of the Berlin enforcement "by the case law is not of importance

justice. The execution of the eviction title must for cost reduction and process acceleration on the surrender of the apartment (Berlin enforcement - reducing costs to transport and storage costs by an average of € 5,000.00) can be effectively limited.

Although the Supreme Court by order of 17.11.2005 decided to Az I ZB 45/05:

"The creditor may limit the enforcement in accordance with § 885 ZPO to surrender the apartment if he at all in the rooms located objects, a right of lien claims. Although in this case, the dispute between the parties to the enforcement procedure under § 885 ZPO as to if all movable property shall be the obligor covered by the lien, the court did not make an evacuation of the apartment according to § 885 paragraphs 2 to 4 Code of Civil Procedure. "

legal security is only one statutory provision.

also the procedure to the publication or exploitation of the property the debtor has not yet been solved satisfactorily. Especially with "Mietnomaden" exceed the transport and storage costs, the value of the goods and the interest in these, so here shortened retention periods and simplify recovery operations must be created. "


On the subject of the lively discussion with colleagues cousin.


addition here, here and here as examples of the abundant publications is not exhaustive.


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jurisdiction for Berlin's tax

The Appendix to § 2 of the tax-regulation of competence became acute in-law and Official Gazette of Berlin from 29.05.2010 No. 13 published (2010 pages 259 ff) .

Sunday, May 30, 2010

Landline To Cell Converter

As can vouch for up to 148 billion euros

The "Law on the assumption of warranties

in a European

stabilization mechanism " is on May 22, 2010 as follows proclaimed been :

§ 1 warranty authorization

(1) The Federal Ministry of Finance is authorized to credit, one of the Member States of the euro-area established or appointed special purpose vehicle to finance emergency measures to maintain the solvency a Member State of the euro area picks up, warranty, up to 123 billion euros to take over if they are emergency measures to maintain the solvency of the Member States is necessary to ensure financial stability in the monetary union. The condition is that the affected Member State has agreed with the International Monetary Fund and the European Commission, composed of the European Central Bank is an economic and fiscal policy program and that this was approved by the States of the euro-area agreement. The threat to solvency of a Member State of the euro area has previously by the States of the euro area to the exclusion of the Member State together with the International Monetary Fund and the European Central Bank to determine consensus. Warranties under sentence 1, only 30 be taken June 2013.

(2) The assumption of warranties in paragraph 1 requires that the countries of the euro area to the exclusion of the Member State and with the participation of the European Central Bank and in consultation with the International Monetary Fund agreement agree that emergency measures after the EU Council Regulation establishing a European financial stabilization mechanism is insufficient or not fully to the threat to the solvency of the Member State to turn the euro area.

(3) A guarantee to a maximum amount of this authorization in the amount to be counted in which the federal government can be taken from it to complete. Interest and costs shall not be counted against the authorization framework.

(4) Before assumption of warranties in paragraph 1 seeks the federal government to reach consensus with the Budget Committee of the German Bundestag. The Budget Committee has a right to be. be accepted unless for compelling reasons, a warranty before making a consensus must be, the budget committee shall be informed immediately after the event, the imperative of the provision of warranties before making the agreement is to be justified in detail. The Budget Committee of the German Parliament is also informed on a quarterly basis on the guarantees assumed and the proper use.

(5) In assumption of guarantees by the Federal Ministry of Finance has the Budget Committee of the German Bundestag, the contract will be submitted via the SPV.

(6) The warranty under paragraph 1 may be exceeded in paragraph 1 shall be allocated under the conditions of § 37 paragraph 1 sentence 2 of the Federal Financial Regulation with the consent of the Budget Committee of the German Bundestag by up to 20 percent.

§ 2 Entry into force

This Act shall enter into force on the day following its promulgation.

Delivered in the Federal Law from 22.05.2010 - No. 24 - Page 627 f.