Good question. There are probably some constellations where the police would be like: We got plenty of matching testimonies for you. We charge you and this could send you to jail for 80 years or you pleat guilty and accept 5 years.
Criminal Code (StGB) § Section 145d Pretending to have committed a criminal offense
(1) Any person who, contrary to his better knowledge, pretends to an authority or to a body competent to receive reports that an unlawful act has been committed […] shall be liable to a custodial sentence not exceeding three years or to a monetary penalty […].
I live in New Zealand so me rambling about "the fifth" would probably make them call Social Services to come and help me since I would seem to be suffering from a mental health event.
Either that or they would think I was trolling and send me on my way with a stern reminder that wasting police time is a criminal offence.
@Ilovethebomb yeah I met a "Trump supporter" here in NZ once. If we have a lot of them, it's probably an indication that we're underfunding mental health and education.
Thank you for helping to prove my point. When the OP was saying take the fifth he was talking in a genetic way. In other words walking into the police station and taking that countries variation of the fifth. He just didn’t bother typing it fully out like that because it was obvious what his point was. It’s obvious that new Zealand doesn’t have the literal fifth amendment but they have the equivalent of it. Again thank you for helping to prove my point.
When I asked “doesn’t new Zealand have that concept” I new they did. I was trying to get you to understand what the op was trying to say.
I know that. I was trying to get him to understand that the op was talking in a generic sense. Both op and myself realize that new Zealand has an equivalent concept of the fifth. Op wasn’t trying to say walk in and literally say “plead the fifth” but walk in and do the equivalent of that.
People get way to literal when they don’t need to be.
You’re right. I thought everyone here knows “the 5th” and it’s just shorter than “the right to remain silent”. However, most people seem to have got the right idea.
Of course without committing a crime before and without saying anything else.
You will probably commit a crime or misdemeanor unknowingly on the way to the station. There is a reason you do not talk to the police, even if you think you’re completely innocent.
They’d probably call social services or a doctor because someone going on about a “fifth amendment” in Switzerland is clearly in need of medical attention
I once read about a man who was arrested in (I think) either Serbia or Croatia who told the police that he was taking the “fifth amendment” because he’d seen that on TV in a dubbed American show and thought he could do that there too.
ETA: And many people in German-speaking countries think that if you get arrested by police in a German-speaking country, you are read a translated Miranda warning: “Sie haben das Recht zu schweigen. Alles, was Sie sagen, kann vor Gericht gegen Sie verwendet werden. Sie haben das Recht auf einen Anwalt. Wenn Sie sich keinen Anwalt leisten können, wird Ihnen vom Gericht einer zugeteilt.”
The last words Michael Chad Breinholt heard were, “You’re about to die, my friend.”
[…]
With his hands cuffed behind his back, he briefly wrestled with two officers. One screamed that Breinholt was grabbing his holstered gun. Sgt. Tyler Longman rushed into the room, made his declaration and fired.
This argument states if an exception exists or has to be stated, then this exception proves that there must be some rule to which the case is an exception.
They’d probably search the database for anyone wanted of your name/description. And when it came back blank they’d probably leave you in a room for a few hours to see if anything happens. And then let you go.
Without any crime to suspect you of, they might detain you and question you. It’s not uncommon for people to turn themselves in for crimes, and there are legitimate reasons to do so especially with a lawyer, namely to get out on bail easier, avoid having the police raid your home or place of work, and perhaps used to sway the prosecution for a more favorable sentencing, but if the police have no clue what to even charge you for and they can’t figure one out, they’ll just be confused and frustrated, which is a dangerous combination for police
the fifth ? are you sure ? it’s a little old-school, evokes holy music… I would go for the third and the seventh instead, just to shake things up. Cops aren’t used to daring chords like these, you’d totally destabilize them and they wouldn’t be able to jail you
Add comment