It is about very elementary viewpoints of our free democratic law.

Data purchase: Tax lawyer threatens German tax men with criminal charge - Comment on 2012 August 5 (2)

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2012 August 5 (2)

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The question for criminal responsibility, up to the NRW Finance Minister Walter Borjan, is hardly asked. Read more:

Excerpts of an article I read today follow:

 

The jurist Thomas Koblenzer wants to have the controversial purchase of tax CDs with incriminating data of German citizens reviewed.

Up to now no German court has clarified whether the purchase of a CD with bank data is legal.

The question for criminal responsibility, up to the NRW Finance Minister Walter Borjan, is hardly asked.

Studies have resulted that the tax officials committed an offence also according to German law. At the end of day it is about very elementary viewpoints of our free democratic law whether the state is allowed to offend against its own criminal law in order to solve other criminal offence.

But Switzerland can and must investigate against tax officials who have approved the purchase. The legal position demands this. But the same applies also to Germany. By the German state getting involved in this crooked deal it has broken its duty of care against the acting officials. Imagine that already warrants for arrest form Switzerland are available against three German tax officials and Switzerland has applied for requests of extradition to Germany and neighbourly state.

But what Germany has done there was almost already anarchy. For political reasons the state instructs officials to offend against the criminal law norms of a sovereign neighbour state. That was irresponsible with regard to the officials who are bound to directives. That is meant above all for the state government of North Rhine Westphalia.

Herr Schäuble speaks here aptly of a "temporary crutch".

See
2012 Jul 28 (3) – Circumcision: evil for a girl but good for a boys

 

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