Disclaimer
PROVIDER
Attorney and qualified criminal law specialist
Marc von Harten – admitted attorney in Germany
Bad Homburg
Louisenstraße 84
61348 Bad Homburg vor der Höhe
Phone: 06172 – 66 28 00
Fax: 06172 – 66 28 01
verteidigung@strafrechtsfragen.de
Frankfurt am Main (branch office)
OpernTurm – Bockenheimer Landstraße 2-4
60306 Frankfurt am Main
Phone: 069 – 667 74 84 59
Fax: 069 – 667 74 84 50
verteidigung@strafrechtsfragen.de
PERTINENT CHAMBER OF ATTORNEYS
Frankfurter Rechtsanwaltskammer
Bockenheimer Anlage 36
60322 Frankfurt am Main
Further details available under www.rechtsanwaltskammer-frankfurt.de
Information on the Attorney Remuneration Act (Rechtsanwaltsvergütungsgesetz – RVG), Federal Attorneys’ Code of Conduct (Berufsordnung für Rechtsanwälte – BORA), Federal Attorneys Act (Bundesrechtsanwaltsordnung – BRAO) and the Code of Conduct for Attorneys in the European Community can be found at www.brak.de. The Federal Attorneys Act requires attorneys to maintain legal malpractice insurance. The details are laid down in Section 51 BRAO.
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As content provider, the law firm is responsible under the general law of Germany for its own contents which it provides for use.
This own content does not include references (links) to – third-party – contents offered by other providers. The law firm is only then responsible for these third-party contents if it has positive knowledge of it (i.e. also of unlawful/criminal content) and it is technically possible and reasonable to prevent its use, Section 5 Subs. 2 of the German Teleservices Act (Teledienstegesetz – TDG).
“Links” are “living” (dynamic) references. When it first created the link, the law firm checked the third-party content to determine whether it might trigger a possible civil- or criminal-law responsibility.
However, the German Teleservices Act does not require the law firm to regularly review the linked contents for changes that may subsequently give rise to such a responsibility. Only where the law firm establishes or its attention is drawn to the fact that a particular offering for which it has provided a link gives rise to a civil- or criminal-law responsibility, will it remove that link from this offering, in so far as this is technically possible and reasonable. The technical possibility and reasonableness is not influenced by the fact that the unlawful or criminal content can still be accessed from other servers even after access via the strafrechtsfragen.de homepage has been prevented.
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