Question Dear Sir,
I live in U.S.A. along with my siblings. My father passed away last summer in Iran. My uncle (father's brother) has been living in Germany for thirty years and is married to a German wife whom has two sons with. He went back to Iran to use his influence in taking over my fatherís inheritance. He is taking advantage of the fact that we (my siblings and I) don't live in Iran by threatening to kill my 70 years old ill mother who sill lives in Iran (permanent residence of U.S.A). My uncle has two restaurants in Erkelenz. I was wondering if I could contact the German Police to have them give his family a warning so he stops threatening to kill my mother in Iran. What are my options as far as taking legal action against him in Germany? Thanks for your help!
Answer The German police does not give warnings. They investigate cases and report their findings to the public prosecution office who eventually bring the case to court. Under the rules of conduct it takes at least two pieces of evidences (e.g. credible testimonies) in order to concvict someone of a crime. Since the offence took place abroad and since all the people involved including you as a complainant reside abroad, the capabilities of the German police to investigate the issue thoroughly are limited. Although the issue could be prosecuted in Germany I advise you not to expect much from the outcome.
As you are not the offended party I would advise you to refrain from taking civil action.
Knowledgeability = 10
Clarity of Response = 10
Politeness = 10
Very articulate and clear. Thanks again for taking the time and answering my questions!!
I can answer questions in English, German and French. Practice in inheritance law, tax, labour and contract law for private clients. Services also rendered in the fields of business & commercial law; e.g. business organizations, contracts, debt collections, leasing law. Representing clients all over Germany. NO CONSULTANCY ON FAMILY AND IMMIGRATION LAW.
Working since 1999 in the forenamed fields. Henning Haarhaus` experience includes services in the legal department of Roedl & partner, the biggest tax consultancy firm of German origin. Appointed Bar Certified Tax Law Practioner in 2007.
Organizations Bar Association of Berlin, KIWANIS
Education/Credentials German licensed lawyer and bar certified tax specialist