Is Bamberg's OB now a criminal record or not?

The fact that someone is a lawyer and otherwise of moderate mind is often quoted. But anyone who is occasionally confronted with civil servants at the top of the Free State quickly gets used to such drivel. Moderate? Is just the said aperçu.

Of course, dealing with the tricky case of Bamberg’s mayor Andreas Starke and the question of whether he is now considered “convicted” in the common sense , two such top lawyers were recently heard to lay down their arms. Oh ha! Cannot be answered spontaneously.

It is – shortened to justifiable – like this: If someone gets a fine of up to 90 daily rates, the certificate of good conduct remains blank. One is then considered, as they say, as not having a “criminal record”; from the second such fine, however, then already – even if both penalties remain less than 90 daily rates.

In the case of Starke, this is exactly the case. A penalty order of 60 daily rates was imposed on the mayor in 2021 for violating official secrecy; because of infidelity now another over 80 daily rates. Which would basically mean: criminal record. Kind of unfortunate for an OB.

Now there’s a special feature for gourmets. The OB convictions would have been “capable of total punishment”. That means: Ultimately, both offenses could have been settled with one judgment. And if a judge had not set more than 90 daily rates for such a total penalty, the mayor could still be proud of the clean certificate of good conduct. Just stupid: In his case, a subsequent total penalty is not possible – because Starke has already paid the first penalty.

And as if all of this wasn’t complicated enough: Because of “unfair hardship” (because the fact that he paid well is hardly a penalty for the mayor), Starke could file a request not to have an entry in his certificate of good conduct.

Now you might expect a city to be upside down. Yes, we now have a convicted mayor – how nasty that sounds – doesn’t it? But it’s not like that. Bamberg is at peace. Sandkerwa was just a moment ago, nobody wanted to talk about ugly things anyway. And after a year and a half of the “town hall affair” everyone seems to be completely exhausted anyway. Our OB criminal record? We don’t care .

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