German Citizenship Does not Exempt from Punishment as Foreigner

In his defense, a foreigner claimed that he could not be punished for illegal entry and sojourn in German because he had been naturalized in the meantime. He argued that a German cannot be punished as foreigner. The OLG Hamburg (re 1 Ss 195/04 of May 19 2005) rejected his argument. At the time when the offense was committed he was subject to punishment in accordance with the laws governing foreigners because he was not yet a German citizen. Only a change in the law but not in the facts of a case could cause the punishment to be waived.

This court also ruled that a German passport indicates but does not prove citizenship. Handing over the certificate of naturalization, however, gives full evidence of German citizenship. So how can one prove German citizenship other than by a naturalization certificate? This can be done by an administrative act granting a certificate of citizenship (Staatsbürgerschaftsausweis).

Published on the old CMS: 2006/8/2
Read on the old CMS till November 2008: 460 reads

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