A lost banknote on the street – keep or hand in? Many do not know that there is a legal obligation to report from a certain value. Those who do not fulfill them risk sensitive punishments.
When does there be a reporting obligation for lost property?
In Germany, the Civil Code (BGB) regulates the handling of found objects. According to § 965 BGB, the finder is obliged to notify the owner or, if unknown, the responsible authority (e.g. the lost property office or the police). This obligation applies to lost property with a value of over 10 euros. With a find of 10 euros or less, there is no legal notification obligation, but the delivery can be voluntarily taken.
Which penalties threaten when not reporting?
Anyone who keeps a reportable lost property and does not indicate that the finding is punishable in accordance with Section 246 of the Criminal Code. This can be punished with a fine or even a prison sentence of up to three years. It is therefore advisable to properly report objects found in order to avoid legal consequences.
How and where do you report a find?
A lost property should always be reported immediately. The responsible point of contact depends on the site: If an object is found, for example, on a public road or a place, the local lost property office or the police is responsible. In public transport or authorities, the find should be reported to the operator or the corresponding office.
If, on the other hand, the site is in a private area such as a shop or shopping center, the delivery of the staff or management there is required. In all cases, it is advisable to record the site and the exact circumstances in writing and to have a receipt or proof of the delivery issued. This documentation can later become important – for example if the owner does not report or a claim to finder wages is asserted.
What rights does the finder have?
An honest finder has a legal claim to finder in Germany. This is regulated in § 971 of the Civil Code (BGB). Accordingly, the finder is entitled to five percent of the total value in the event of lost property. If the value is over 500 euros, the finder receives an additional three percent of the exceeding amount. Even with animals found, the finder is generally three percent of the value.
An example: If an item is found worth 700 euros, there is a claim for 25 euros (five percent of 500 euros) plus another six euros (three percent of 200 euros), i.e. a total of 31 euros in Finderlohn. However, the prerequisite for this claim is that the finder has complied with his legal obligation. If the find is hidden or not displayed, the claim to finder wages completely expires.
D. Maier / Redaktion Finanzen.net