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Old 04.03.2017, 12:39
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Wow the police caught the guy! and now I have to fill this ...

Hi EF law gurus! some time ago and while I was training at the gym someone stole all my cash. They opened the gym wardrobe that locks with the gym bracelet chip, took all the cash from my wallet and closed the wardrobe again. Thanks to me being a bit of a paranoid I realized immediately that all my cash was gone (quite a bit of it). The gym staff did not believe me but well I anyways went to make a police report and declared every detail.

The police officer writing the report answered that they would do something only if more people reported the same when I asked what the expected outcome of my report was.

Guess what! They just caught the thief! I received a Geltendmachung von Rechten als Privatklägerschaft form to fill:
http://www.obzh.ch/wp_live/wp-conten...fverfahren.pdf the form is at the bottom of that page.

Wow! amazing police work and due diligence! I'm very proud citizen of this country!

In this form I have five choices and I have couple of questions on them. What is the difference between the first and the second point? Art 118 vs 119? I understand in both I act as an accusing party but I'm not sure what the difference is.

The third one "Teilnahmerecht" appears to offer me to join interrogations ... is that right? I am not sure this one will help.

The fourth question "Zivilklage" asks to fill the stolen amount (Schadenersatz) and some Gennugtuung that looks like extra compensation for damages ... how do you calculate the Gennugtuung and what is a reasonable amount to ask? for example I see in clothing shops they charge a fine of 200.-Sfr or so if you get caught stealing ... would this amount be a reasonable Gennugtuung?
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Old 04.03.2017, 12:48
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Re: Wow the police caught the guy! and now I have to fill this ...

Gennugtuung?

Mental pain and anguish
Feelings hurt
Annoyance of walking to the cash machine again

1.247 Million CHF

Should just about cover it
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Old 04.03.2017, 13:03
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Re: Wow the police caught the guy! and now I have to fill this ...

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The fourth question "Zivilklage" asks to fill the stolen amount (Schadenersatz) and some Gennugtuung that looks like extra compensation for damages ... how do you calculate the Gennugtuung and what is a reasonable amount to ask? for example I see in clothing shops they charge a fine of 200.-Sfr or so if you get caught stealing ... would this amount be a reasonable Gennugtuung?
Been a while, I asked about it, and iirc, Schadenersatz was your out of pocket costs, and Genugtuung was to cover your having to go through the hassle of having to have the thing stolen replaced.

(This was a break in, so the Schadenersatz was the cost of replacing the stolen goods, and the replacement of the broken window, and the Genugtuung was the cost of having to take a day off work to be home while the window was replaced)

EDIT: I got it all wrong, ignore the above. Look at the bottom of this.

Last edited by JagWaugh; 04.03.2017 at 13:13.
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Old 04.03.2017, 13:03
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Re: Wow the police caught the guy! and now I have to fill this ...

The first is the entry point. With ticking Nein on this question you can not tick any of the other boxes. Suggestion: Ja.

The second means you specifically want to press criminal charges. Otherwise the decision is with the persecutor which may drop the case. Suggestion: Ja.

"Teilnahmerecht" as you say it is the possibility to partake in the interrogations. Do not see any use of that in this case. Suggestion: Nein

Zivilklage: If you want to press civil charges. No civil charges no money! Sugestion: Ja.

Schadenersatz: The amount which was stolen + any other cost incurred.
You would have to prove that you had additional costs above the stolen amount. If part of your request get s dismissed by the court you may have to pay part of the court costs. Sugestion: At least the amount stolen.
Note: they request a short itemization on a sheet of paper, copies of receipts, and payout statement from insurances if claimed and exists. If you just claim the money, state on the sheet:

Auflistung Schadenersatzansprüche:
Gestohlenes Bargeld : CHF XXX
[Place], [Date], [Signature]

Genugtuung: Normally only used for cases with bodily harm with permanent damages. This is above any cost incured and claimed. It should compensate your hard ship due to the incident. Suggestion: 0

Zinsen: Interest since the incident. Free money, where else do you get 5%? Suggestion: Yes

Deckung Zivil Ansprüche durch Dritte: If part of your claimed cost have been reimbursed by others (Insurance etc.) if yes state by whom.
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Old 04.03.2017, 21:46
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Re: Wow the police caught the guy! and now I have to fill this ...

Now the obvious question: which gym was that at?
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Old 04.03.2017, 22:39
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Re: Wow the police caught the guy! and now I have to fill this ...

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Now the obvious question: which gym was that at?
Doesn't matter, thief is caught.
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Old 05.03.2017, 00:57
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Re: Wow the police caught the guy! and now I have to fill this ...

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Now the obvious question: which gym was that at?
A gym that uses a "gym bracelet" - ie, not one of the more basics one still using serious "regular" locks.. (So you can rule out gyms like "Active Fitness" all together)

Working in IT, I never trust any IT things (ie, kinda paranoid towards anything that is locked "electronically"..
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Old 05.03.2017, 08:36
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Re: Wow the police caught the guy! and now I have to fill this ...

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A gym that uses a "gym bracelet" - ie, not one of the more basics one still using serious "regular" locks.. (So you can rule out gyms like "Active Fitness" all together)

Working in IT, I never trust any IT things (ie, kinda paranoid towards anything that is locked "electronically"..
And yet, the first thing any real IT security guy learns in his spare time is how to pick a physical lock. It's easy, and fun to boot.

Security of locks, be they electronic or physical, is often directly proportional to their cost. If your gym cheats out, well...
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Old 06.03.2017, 11:21
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Re: Wow the police caught the guy! and now I have to fill this ...

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Doesn't matter, thief is caught.
Maybe not for you, but it might for the ones like myself who are looking at registering at another gym.
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Old 06.03.2017, 17:07
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Re: Wow the police caught the guy! and now I have to fill this ...

For 21 pounds this beauty can be purchased..

Lock picking beginners kit

https://www.amazon.co.uk/dp/B01LYHQ20P?psc=1
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Old 06.03.2017, 18:25
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Re: Wow the police caught the guy! and now I have to fill this ...

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Maybe not for you, but it might for the ones like myself who are looking at registering at another gym.
And how fair is that on the gym?
Repeat: Thief is caught.
Then again, you might get lucky and the mentioned thief now works in the gym you're gonna change to.
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Old 06.03.2017, 19:57
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Re: Wow the police caught the guy! and now I have to fill this ...

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...Security of locks, be they electronic or physical, is often directly proportional to their cost. If your gym cheats out, well...
Not mine. It's made of gold.

Although gold titanium alloy looks interesting. https://phys.org/news/2016-07-lab-ti...er-steels.html

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For 21 pounds this beauty can be purchased..

Lock picking beginners kit

https://www.amazon.co.uk/dp/B01LYHQ20P?psc=1
Expect a knock on the door from Herr Plod if you do order them though. I seem to recall possession of lock picks is a criminal offence.
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Old 06.03.2017, 22:03
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Re: Wow the police caught the guy! and now I have to fill this ...

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Not mine. It's made of gold.

Although gold titanium alloy looks interesting. https://phys.org/news/2016-07-lab-ti...er-steels.html

Expect a knock on the door from Herr Plod if you do order them though. I seem to recall possession of lock picks is a criminal offence.

The real fun probably starts if there's a break-in in the neighborhood. Guess whose door they'll knock on first?

Also, being caught at the border with it or during a regular Verkehrskontrolle will make sure it's not going to be the best day of your life....

I can't find anything on the web where it says it's outright illegal to own lock-picking equipment.
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Old 07.03.2017, 08:42
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Re: Wow the police caught the guy! and now I have to fill this ...

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Now the obvious question: which gym was that at?
Migros Fitness, he pays one time entry and stays sneaking at the wardrobe. Finally gets busted by the gym cameras at the entrance.
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Old 07.03.2017, 08:44
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Re: Wow the police caught the guy! and now I have to fill this ...

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For 21 pounds this beauty can be purchased..

Lock picking beginners kit

https://www.amazon.co.uk/dp/B01LYHQ20P?psc=1
If you buy this, and for completeness, don't forget to found a new Hedge Fund to cover the 5% interest you will have to pay at some point on the total stolen amount
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Old 07.03.2017, 08:49
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Re: Wow the police caught the guy! and now I have to fill this ...

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Maybe not for you, but it might for the ones like myself who are looking at registering at another gym.
I totally think fairness has nothing to do with choosing a business with better security policy. A right of every customer
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Old 08.03.2017, 11:17
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Re: Wow the police caught the guy! and now I have to fill this ...

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And how fair is that on the gym?
Repeat: Thief is caught.
Then again, you might get lucky and the mentioned thief now works in the gym you're gonna change to.
I did not read anywhere that the thief is / was actually working at the gym, and the TS seems to have confirmed that.
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Old 08.03.2017, 17:08
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Re: Wow the police caught the guy! and now I have to fill this ...

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I did not read anywhere that the thief is / was actually working at the gym, and the TS seems to have confirmed that.
Which only supports my question, why someone should change the gym after that as you seem to think:
<< @Harrie Nak:
Maybe not for you, but it might for the ones like myself who are looking at registering at another gym.>>
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Old 08.03.2017, 17:50
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Re: Wow the police caught the guy! and now I have to fill this ...

Please do update us. Did you get all your cash back ?

How much money did you charge/get for your inconvenience ?
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Old 08.03.2017, 18:46
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Re: Wow the police caught the guy! and now I have to fill this ...

And how did he open the locker if there are n locks? I thought that gym bracelet thing can only open one locker
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