Legal information credit card judgments

. 2 StGB is not present only then, if precautions are met, those the entrance Minderj?iger to that. InterNet necessarily that between the pornographischen representation and the Minderj?igen a "effective barrier" exists, which it must?rwinden around the representation notices too. The Pr?ng of the document of identification or card number is sufficient hierf?ebenso few like a cost obligation of the offer. doesn't whether an offer is to be rated as pornographisch, arrive it on whether, in which mA? and from which Gr?en erotism and Sexualit?auch in the everyday life Minderj?iger are pr?nt. On the revision of the public prosecutor's office small criminal courts of the regional court D?eldorf becomes. January 2003 with the statements waived. The thing becomes new negotiation and decision, also?r the costs of the revision, to another small criminal court of the regional court D?eldorf zur?verwiesen. By November 2000 to June 2002 the accused of exclusive Gesch?sf?er in D?eldorf of the ans?igen was. One of the achievements of the enterprise was holding simple Pornografie ready in the form of pictures, videos, live-sex-show and magazines on a server in Berlin the offer as "spoiled, verrucht and enticing" designation and the entrance to the "member range with the hei?sten shows and the sch?sten pictures" described as follows: ". Registration, no credit card, no waiting period and 100% anonymous through. Simply right, doubleclick with one activate and only few seconds download the Highspeed Dialer by the Download left sp?r become you automatically into that." To the Download of the Dialers and thus for the acquisition of the membership with entrance into the member range ausschlie?ich the input of the Identit?nummer of an identity card of the German Federal Republic (Pa) or the card number of a credit card was necessary such as Mastercard or visas. Download of the Dialers, with whose assistance from now on the member range could be used at the minute price by DM 3.60 during account?r the phone bill, started, as soon as a program installed by the company X on the server sucked one. User entered Identit? - or card number also. Pa thereby also verschl?elt noted date of birth. Unrefuted the entrance was refused, if the Pr?ng did not result in date of birth of a Minderj?igen were data of particulars or. AG the Neuss condemned the accused because of spreading of pornografischer writings to a fine von.500, because no effective age control is given. The LG D?eldorf has the accused on its appointment. The acquietal of the reproach of the spreading of pornografischer writings the LG in the core with the fact begr?et that the determined Zugangsh?en. ?erpr?ng the Pa or credit card number and a choice?r a liable to pay the costs Dialer together been sufficient h?en, around children and young people of. On the revision of the StA the OLG D?eldorf has the judgement of the LG insb. Unver?ert certified accusation accuses to the accused, starting from at the beginning of of July 2001 under an address in the InterNet pornographische writings to have spread and f?sie recruit. The district court (judgement ver?entlicht in CR 2003, 296) condemned it, the regional court (judgement ver?entlicht in CR 2003, 452. Gercke/Liesching) has it on its appointment. The revision of the public prosecutor's office has with that. After the statements the accused of November 2000 was to June 2002 exclusive Gesch?sf?er of a company the enterprise under the InterNet address www pornography in the form of pictures, video, live-sex-show and. On the starting side the offer was spoiled, verrucht as "and designated enticing" and the entrance to the "member range with the hei?sten shows and the sch?sten. And the best: No registration, no credit card, no waiting period and 100% anonymous by that. Simply right, doubleclick with one activate and only few seconds download the High speed Dialer by the Download left sp?r become you automatically into that. The Dialer (a program, which makes a telephone connection?r a certain telephone number) was?rspielt on the computer of the user, as soon as these the Identit?nummer of a German identity card or the card number of a credit card entered and a program on the computer of the Telecall the number on their "Schl?igkeit"?rpr?. During input of an identity card number the entrance was refused, if the Pr?ng date of birth of a Minderj?igen. Attendance of the member range were accounted for?r the telephone connection, which the Dialer made. Central office of the highest Landesjugendbeh?en f?Jugendschutz in jugendgef?dender way and under Versto?gegen. 184 exp. freely zug?lich, because no effective age control is given. The warning f?te to no Ver?erung of the InterNet appearance that. The acquietal of the reproach of the spreading of pornographischer writings the regional court in the core thereby begr?et that the determined Zugangsh?en -?erpr?ng the document of identification or card number and a choice?r a liable to pay the costs Dialer - h?en together been sufficient, around children and young people of. Of the reproach of the advertisement the regional court the accused acquitted f?pornographische writings, because a bad advertisement "not (more). The revision has with the Sachr? Success, because the statements are unsatisfactory and the legal Erw?ngen. has the regional court makes itself applicable answered in the negative only punishable, who offers pornographische writings to a certain person under eighteen years?rl?t or makes zug?lich (BGHSt 34, 94, 98. Lenckner/Perron, in: Sch?e/Schr?r. unsatisfactory Aufkl?ng by the trial judge does not become more ger?. Legal mistake detention does not have the regional court however gepr?, whether the accused after. it makes itself 184 exp. A) according to this regulation punishable and who makes pornographische writings at a place zug?lich, the persons under eighteen years is zug?lich. InterNet connection within the h?lichen range from children or young people is such a place (Lenckner/Perron aaO Rdnr. Tr?le/Fi aaO. H?le NJW 2002, 1008, 1010 mwN. see Zug?lichmachen is not present only then not, if precautions are met, those the entrance Minderj?iger to that necessarily that between the pornographischen representation and the Minderj?igen a "effective barrier" exists, which it must?rwinden in order the representation notices to k?en (BVerwG aaO. BGH NJW 2003, 2838 to the Automatenvideothek. Lenckner/Perron aaO Rdnr. The kind of the medium plays thereby no role. InterNet must be "effective" the barrier exactly the same as with offers in the Pay TV or with the Video"verleih". Law?r the spreading of jugendgef?dender writings and medium contents (GjSM, that with the entry into force of the. 2 GjSM did not result smaller requirements to the barrier in the case of offers in the InterNet regulations specified applied the prohibition of the. 3 exp. of communication services)"not, if by technical precautions precaution is met that the offer or the spreading in the inland can be beschr?t on vollj?ige users". Formulation has the legislator only one definition the kind of the technical precautions to avoid and the law f?neue technical developments open to keep want. it?rlassen remains whether he made from the M?ichkeit use to meet by technical precautions precaution or however on the determined conditions of the entrance to the member range von.de as precautions were suitable to prevent the entrance Minderj?iger to pornographischen contents regelm?g no act is -, but a legal question (see BVerwG and BGH, in each case aaO), which the senate can do uneingeschr?t?rpr?n. Barrier "between contents of the InterNet side and the one. By the Pr?ng of the document of identification or card number, which had to be entered, on their "Schl?igkeit" the entrance was not seriously obstructed, because appropriate number sequences itself after the statements of the regional court easily (Gercke/Liesching, CR 2003, 456, 457: "problem-free") from that. The circumstance that costs arose, could play one role as entrance obstacle only, if the user before the "admission" to the member range to it were referred the portal sides unmissverst?lich clearly (became) that in each case insignificant costs do not arise w?en (3.60 DM in the minute), which are then accounted for?r the phone bill. Whether the use of the term Dialer was f?einen Minderj?igen - on its view it arrives - a clear reference to it that costs arose, can. Further statements to the question whether and how the potential user before the "admission" to the member range?r the costs and their H? one informed, are that. Input a ausdr?lichen and clear reference to the H? of the resulting costs, h?e barrier "effective thereby no" contained between offered contents and a Minderj?igen aa) the argument, minderj?ige users w?en by the costs from it held, into the member range einzuw?en itself, because during the n?sten phone bill it is noticeable is already in the beginning fragw?ig (see on the one hand without proven or recognizable special customer assumed that children are conscious, in this way -?r the phone bill - one will discover too k?en. a circumstance, which affects ausschlie?ich the will of the potential user (comparably with the sign "forbade admission" on the unlocked T?oder the visibly attached?erwachungskamera), to the sufficient obstacle erkl?, it. In addition, this argumentation passes the life reality, because the everyone teaches zug?liche experience the fact that children and young people act not rarely spontaneously and do "forbidden" things also if them with?erlegung must be clear that they become "gotten" thereby. bb) apart from it the danger was smaller to be noticeable from the view of the Minderj?igen, than the regional court. It is correct that Minderj?ige within the h?lichen range regelm?g only?r the fixed mains connection of their parents. 0190er-Nummern) in the monthly phone bill are noticeable however only, which the calculation examines, it "read". Rechnungsendbetr?n, which lie in the context of the Familien?ichen, and payment by direct debit are not selbstverst?lich that. it lies. Even if the Rechnungsempf?er sees that connections with 0190er-Nummern are computed, is the procedure still. Such numbers will and did not only become the determined act time in the so-called f?andere service up to the herk?lichen telephone service. erotism-nummern acted, can only recognize, who a single connecting proof ("your connections in detail") with the vollst?igen number erh? and this to identify cannot understands itself automatically. But even with attentive and informed examination of the phone bill "act and T?r" remain einzusch?en in the doubt undiscovered, if adults of family members in the accounted for period erotism-nummern gew?t the danger?r the costs to be discovered from that view of the Minderj?igen than rather small, as soon as it au?rhalb own h?lichen range unhindered entrance to the InterNet. So far the regional court the accused of the reproach of the advertisement f?porno graphic writings. 184 Abs. , gen?n the Urteilsgr?e acquitted 5 StGB not the requirements of the. 267 StPO to an acquitting judgement (see m?en the Urteilsgr?e after. 267 exp. the accused it f?nicht?rf?t (acquietal from tats?lichen Gr?en) or whether and from which Gr?en the f?erwiesen accepted act f?nicht punishable (acquietal from legal. Here it remains unclearly, whether those was not determined the accused to the load put criminal offence from tats?lichen or legal Gr?en, although too. Formulation that "a bad advertisement cannot be recognized (more)", on an acquietal from tats?lichen Gr?en. This question does not need to be deepened however each case must the trial judge zun?st in a closed representation the facts determine, from which it proceeds, before it states, from which tats?lichen or legal Gr?en a b) whether on the freely zug?lichen input. Member range was recruited, h?t of it off which gave to see and read it on the input. The shown texts - that the products "spoiled, verrucht and enticing" and within the member range "the hei?sten shows and the sch?sten pictures" are to be seen - puffing ("marktschreierische") Anpreisungen without each concrete information is informed readers of these texts "to imagine could", what was behind it, openly can only the organization of the Werbema?ahme can remain (here: the input). The reader or viewer must its information, it will recruited f?pornography, from that advertisement infer to be k?en and stated to m?en, how the input was arranged, in particular whether it -?r the shown and rather insignificant texts outside - concrete representations sexual. 3 OWiG) in word or picture or referring to such representations in the member range contained, recognizably in. Like the statements to contents of the input it h?en in detail its m?en (see a lack of representation for the reproach of the advertisement f?pornographische writings that in rough Z?n is not even to be inferred from the judgement, what it on the input to see and gave to read C) of the M?ichkeit of the. the regional court use does not have 267 exp. StPO, in illustrations, which are with the documents to refer because of the details. Such a reference, with which these illustrations become components of the judgement, must be expressed in the Urteilsgr?en clearly and free of doubts (BGHSt 41. that does not have to happen in the way that. 1 sentence 3 StPO is angef?t and their wording is used, although this form of the reference itself as the k?este and clearest aufdr?t (OLG Hamm NStZ RR 1998, 238. It must be however free of doubts to take the Urteilsgr?en that the procedure of the proof collection is not only described, but that the illustrations components of the judgement document to be made is (senate VRS 93 [ 1997 ], 178, 180. OLG Hamm aaO). The contested judgement does not refer. 1 sentence 3 StPO and does not use also. The Gr?en it cannot also with sufficient certainty be taken that "those. 17-23 GA)"by reference just like the text part of the judgement document to be is, the illustrations as it were in. The indication of sheet numbers is enough in addition. That can also - in the course of the Beweisw?igung - blo? Report its that proof was raised by inspection otherwise h?en the illustrations is?rhaupt not used. OLG Hamm aaO. BayObLG 1997, 498. OLG Dresden 2000, 279. OLG Zweibr?en ZfS 2000, 513. OLG Hamm ZfS 2000, 557). In addition it comes that each conviction from itself must be verst?lich (BGH NStZ RR 2000, 304. Meyer Go?er, StPO, 46. 3 StPO only to refer because of the details in illustrations which are with the documents. Also with ausdr?licher reference in illustrations in the documents h?e in the judgement at least in rough Z?n to be therefore determined m?en, what cannot do it on the input of the senate?rpr?n whether the law was applied correctly to the judgement at the basis lying statements. Because of these M?el is the contested judgement. 2 sentence 1 StPO with the statements to waive and the thing to new negotiation and decision, also?r the costs of the revision, to another small criminal court of the A) the regional court designated contents in, without in addition statements to have met. "Pornographisch" is not a fact, but a valuation (see contents in word or picture are judged and as pornographisch. To contents within the member range nothing is in the judgement. With the legal?erpr?ng, whether the accused was acquitted rightfully from other Gr?en, the senate has therefore only subordinates k?en that the missing statements the evaluation of the representing as pornographisch. The Meinungs?erungen of the regional court to. Cause for the reference that it does not concern, whether, in which mA? and from which Gr?en erotism and Sexualit?auch are in the everyday life alone whether the border to the pornography in addition, unver?erte in the principle, BGHSt 37, 55, 59 f. BVerwGE 116, 5, 18 f. Lenckner/Perron. 4 f mwN)?rschritten were and the accused to b) of case it on it to arrive should, become an unavoidable prohibition mistake. 17 sentence 1 StGB, not alone thereby leaves, that begr?en accused is not "as a lawyer to advise". To that extent - apart from the anyway necessary statements to the offers within the member range - kind and range of the consultation and the special customer of the advisor will concretely determine.