What is a presumption of conformity
False suspicion - a criminal offense under the StGB
From bussgeldkatalog.org, last updated on: May 12, 2021
What does the offense of false suspicion provide?
The criminal code (short: StGB) knows different types of criminal offenses of the most different kind and form. They sometimes differ in their requirements, in each case Sentence and in relation to the legal interest to be protected.
Next Property offenses or criminal offenses against the physical integrity one person knows the German criminal law also a whole series of so-called Offenses of honor. With these, as the name suggests, the honor of a person is one of the protected legal interests. Just like the false suspicion is that Defamation in the meaning of Section 187 of the Criminal Code such an honor offense.
Hereinafter counselor we want to inform you about the crime of false suspicion and get to the bottom of the following questions for you:
Which particular offense falls under the Offense and which legal basis in the StGB has the wrong suspicion? Which punishment threatens a perpetrator who is guilty of false suspicion and what Limitation periods apply in relation to the offense? We will also explain to you what you can possibly achieve in civil proceedings.
FAQ: False suspicions
According to the provisions of Section 164 of the Criminal Code (StGB), false suspicions are classified as a criminal offense.
According to the StGB, false suspicions are punished with either a fine or a prison sentence of up to 5 years.
Under certain circumstances, a claim for compensation for pain and suffering may be justified if false suspicions have been made.
Offense and legal basis
If someone is wrongly denounced to the police, those affected often react with one Contraindication. Because a false suspicion is anything but one Trivial offense. But what exactly is covered by the facts? And where is it anchored in law?
First of all, standardized Section 164 (1) of the Criminal Code false suspicion as a criminal offense. Usually a false suspicion is made afterwards counterfeiter display committed.
According to the norm of Section 164 (1) of the Criminal Code, anyone who intentionally acts on another is liable to prosecution
- at a authority,
- a person responsible for receiving notifications Public officials or military superiors
- or but public
against better judgment
- one illegal act or
- the injury of a Compulsory service
The perpetrator must die intention pursue against the other one official procedure or another one official measure to bring about or to allow it to persist.
When is a suspicion wrong?
First of all, a suspicion is then deemed to be not correct, If you objectively not true is. So, for example, if someone claims that someone else did a certain thing and it is actually wrong, that claim is not correct.
Unless the act alone subjective - so after the own perception of the perpetrator - is untrue, but objectively corresponds to the truth, the perpetrator does not make himself a criminal offense under Section 164 (1) StGB
Example: Mr X claims that Mr Y robbed a bank, although Mr X himself assumes that this is not true. In fact, Mr. Y robbed that bank.
This claim is thus objectively true. Mr. X has therefore neither because of tried still because of consummate false suspicion made punishable.
A tried false suspicion there is not any. Accordingly, criminal liability for an experimental offense is also ruled out in this case.
What does "suspect" mean?
A suspicion within the meaning of Section 164 (1) StGB is initially that Asserting false facts to understand. However, false suspicions can also be committed on the basis of any other behavior which constitutes a false suspicion caused or reinforced.
On the other hand, it is not enough for someone to make assumptions or else wrong conclusions out correct facts pulls.
Example: Mr X tells the police that he suspects Mr Y has stolen from someone. this is a mere guess and does not meet the requirements of Section 164 (1) StGB. Likewise, it would not be a criminal offense if Mr X presumed that Mr Y was - which is not true - involved in criminal activities because he suddenly had more money than usual (which in turn is true). This would be just one wrong conclusion from the right facts.
The suspicion must also always relate to a Offense refer to or to a act contrary to compulsory service. A breach of duty exists when an officer violates an obligation towards his employer.
A false suspicion of an administrative offense is not sufficient.
Example: If Mr X reports to the police that Mr Y has violated the speed limit, although this is not the case, Mr X is not liable to prosecution for false suspicion under Section 164 (1) of the Criminal Code.
What is the penalty for false suspicion?
There is also the question of the Sentence. Anyone who makes a false suspicion within the meaning of Section 164 (1) of the Criminal Code is threatened with one Imprisonment up to five years or one Fine.
The offense of false suspicion according to § 164 paragraph 1 StGB is therefore - in contrast to the crime - as a Offense designed.
Which legal interests does the norm protect?
According to the prevailing opinion, the fact of false suspicion under Section 164 (1) of the Criminal Code protects the Administration of justice as well as the unnecessary burden and Utilization the Law enforcement agencies. The standard is therefore intended to protect the police and public prosecutors from being overwhelmed with a large number of reports that are not entirely true. After all, the authorities have to review every reported incident, which in turn has one Workload entails.
For this thought of the Protection purpose The criminal justice system in turn shows that a justifying consent (which would lead to the offender being released from punishment) is excluded. Because said legal interest lies outside the Disposition authority the victim. That means that the victim does not have the legal interest feature or determine can. It is, so to speak, not in his domain.
In addition, the false suspicion also protects the individual affected by the crime and unjustly denounced. This should be saved from dealing with unfounded criminal charges to be confronted and to have to defend.
False suspicion: when does the statute of limitations apply?
Regarding the question of the Statute of limitations of a criminal offense, the following terms must first be separated from one another: On the one hand, the term of Statute of Limitation for Prosecutionand on the other hand that of Enforcement statute of limitations.
- Statute of Limitation for Prosecution means that a perpetrator no longer ceases to exist after a certain period of time - each time stipulated by law official (for example by the police or the public prosecutor's office) can be prosecuted. If an act is only discovered after the statute of limitations has expired, the hands of the authorities are tied. So you can no longer fight the perpetrator determine.
- In the case of the so-called Enforcement statute of limitations on the other hand, an official prosecution has already taken place and there has also been a court case and a corresponding conviction of the perpetrator. However, if the penalty is not received within a certain period of time enforced, the statute of limitations will come into effect at some point. Then there is talk of the so-called limitation of enforcement. This period, like the period of limitation for prosecution, varies from one offense to the next differently long.
The start of the limitation period is always the time of completion indeed. This results from § 78a sentence 1 StGB. For facts that have a specific Act of success presuppose, the limitation period begins to run from the point in time at which the success occurred. This, in turn, can be found in Section 78a sentence 2 of the Criminal Code.
In contrast, according to Section 79 (3) No. 1 of the Criminal Code, the statute of limitations for enforcement in the event of false suspicion according to Section 164 (1) of the Criminal Code up to ten years (depending on the sentence imposed in the individual case). This results from Section 79 Paragraph 3 No. 3-5 StGB.
Also with regard to the statute of limitations on enforcement, the decisive criterion is the respective maximum amount of a penalty. The period of limitation for enforcement begins in accordance with Section 79 (6) StGB from the moment of Legal forceof judgment to run.
What to do in the event of a false suspicion report?
What to do in the event of a display? False suspicions should by no means be taken lightly. If you have a criminal complaint for false suspicion on your neck, you can at least in the worst case one Imprisonment up to five years threaten.
Under certain circumstances it can be an advantage to get one early on Lawyer to consult. In particular a Specialist lawyer for criminal law is very familiar with the matter and knows both the procedures in criminal proceedings and the current one Jurisprudence as well as the sometimes very fine differentiations with regard to false suspicion. As a rule, the earlier you seek legal advice, the better. In this way, you do not run the risk of making ill-considered statements that could put you under massive strain.
Conversely, it can also be advisable to seek the help of a Attorney avail if you wrong someone police has indicated and you become a victim. Under certain circumstances, false suspicion can justify claims for compensation for pain and suffering. However, no general and universally valid statement can be made about this, as this is always the whole individual circumstances are crucial.
Such claims would then, however, be within the scope of a Civil litigation assert and are not part of the criminal proceedings.Were we able to help you? Then please rate us:
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What if someone didn't get it wrong to someone who ran straight to the police.
It said blocked, you'll see in nine months and I sent it wrong, what can you do about it?
I am being accused here where I live in silence, that is, behind my back, although I have not done anything in this regard.I am now 68 years old and would like to spend the last days in peace. You don't let me. There is everyone day new stories. I can't find a person I can talk to. that I break into the people here that's a false accusation, I only live here for 2 years and it started from the first day. I know who it is ( evidence) there are people between 20 + 40 years
the people then stand up when I walk past them, I have a dog and you know my times. You are no longer greeted, you are threatened (raised hand, you are insulted ... that goes on to say evil)
or with a stick. I don't know if I'm the right person with you, because nobody is interested in everything that is too dangerous .... !!
Hello Harald S.,
we are an independent information service and not a government agency. If you suffer from the treatment of your neighbors in this way, you should immediately seek help from the police, your landlord or a lawyer.
The editors of bussgeldkatalog.org
My ex-wife reported me for dealing cocaine. What is wrong! She claimed to the police that I was dealing 1kg of cocaine with a friend of mine. Shortly afterwards, 5 officers came to me with a search warrant at 6 a.m. and confronted me with these allegations. While the officers searched my apartment, my garage, my rented basement room and my car with sniffer dogs, I read the decision that I was assumed to be trading 1kg of cocaine and that they would be sure to find something with me. If no drugs were to be found, however, there would be packaging materials as well as fine scales or larger sums of cash and, in addition, a search of my buddy would take place at the same time. After the search, which was negative (I didn't expect anything else, because I have nothing to do with drugs) I was taken to the guard and treated with identification services. My buddy, according to him, too. And one could not prove such an act against him either.
I also have to mention that we are currently in the custody dispute, she accused me of drug use and alcohol abuse, that in court and the court decided that I should do a drug screening and alcohol test, only if the test results were negative the court could give me active access rights speak. I did this and the results were negative as expected, I don't use any drugs!
My question I have made a counter-complaint and also called on lawyers, since this is a first offense on her part but to such a large extent, what kind of punishment would my ex expect here?
Anyone who makes a false suspicion within the meaning of Section 164 (1) StGB faces a prison sentence of up to five years or a fine. In this case, however, we cannot give a general answer, as this is always decided individually.
The editors of Bussgeldkatalog.org
Does the criminal liability of §164 I rule out if the accused is already in custody and rightly so? Say A. commits an attempted murder, and is arrested for it, B. who has heard everything says to the police that he had heard A say to the victim "I'll make you cold", which is untrue.
for specific legal questions you would have to contact a lawyer. We are not allowed to give legal advice.
The editors of bussgeldkatalog.org
What if the false suspicion was committed by a foreigner? Can it come to an expulsion even if the foreigner has lived in Germany for more than 20 years, is married to a German but has never acquired German citizenship.
Hello Erwin L.,
such questions cannot be answered across the board, as this always depends on the individual case. Although false suspicion is a criminal offense, expulsion seems a bit drastic.
The editors of bussgeldkatalog.org
Thank you for the comments.
With regard to their statements on the statute of limitations for prosecution under Section 164 of the StGB False Suspicion, they write:
“The statute of limitations is found in the following paragraphs 78 of the StGB. With regard to the false suspicion, the limitation period here is, for example, five years. This in turn results from Section 78 Paragraph 3 No. 4 of the Criminal Code. The decisive factor here is always the maximum amount of punishment. If the suspicion is wrong, it is five years. "
The statement “... The decisive factor here is always the maximum amount of punishment. If the suspicion is wrong, it is five years. "
Is not correct, the wording of the Criminal Code (StGB) § 78 § 78 Paragraph 3 No. 4 statute of limitations states:
"... five years for acts that are threatened with a maximum of imprisonment of more than one year up to five years ..."
However, false suspicion is (only) up to five years for the sentence § 164 StGB:
“... Anyone who suspects another official or a military superior responsible for receiving reports or publicly against his better knowledge of an illegal act or a breach of duty with the intention of bringing about or continuing official proceedings or other official measures against him let is punished with imprisonment for up to five years or with a fine. "
Rather, therefore, the Criminal Code (StGB) § 78 § 78 Paragraph 3 No. 5. “three years for the other offenses.”
So the deadline is three years instead of the five years you described.
Hello Ensonia D.,
Thank you for the detailed information! We have adapted this accordingly in the text.
The editors of bussgeldkatalog.org
My landlord reported me to the veterinary office and said I would not be able to buy food for my dogs or animals in general, the animals were neglected and would not be taken for walks.
Well, the Lord has convinced himself otherwise and has not considered the accusation against me to be justified.
He spoke of filing a complaint.
Can I make such a report against the landlord ???
Since we are not allowed to offer legal advice, we recommend that you contact a lawyer with your concern.
The editors of bussgeldkatalog.org
I think the information here is very good. I still have one question. I was wrongly reported for defamation. The proceedings have now been discontinued. I would now like to file a false suspicion complaint as I have been in psychiatric treatment since then. I also want compensation for pain and suffering. Do I have to go to the police or a lawyer?
Hello Uta J,
the report can be made to the police, but it is urgently advisable to call in a lawyer, especially because of the compensation for pain and suffering.
The editors of bussgeldkatalog.org
Dear Sir or Madam,
I was banned from my event by the public order office because a person at the office accused me of false accusations, e.g. she is threatened by guests talking to me. although my restaurant has been closed since January. Due to renovation work. In addition, there is noise pollution. And alleged accompaniments that should come from my guests. She also threatened to finish me off. Also sent messages to my account in public. This incurs considerable costs for me. I also got a letter from a lawyer where I should pay the costs. She wrote to other neighbors to write a letter, if she does not answer her final guilt, she goes to the lawyer and I should pay for it. For me this is business damage or am I wrong. Mfg G.
You should consult a lawyer for an assessment. If necessary, they can also help you with possible measures.
The editors of bussgeldkatalog.org
I am glad that you solved most of your problems. My family still has the problem. My father is suspected of having hit a former best friend of mine. But there is nothing to it that my other friends have also confirmed. My former best friends are called M. and M. who accuse my father. What can you do about it?? We are totally at a loss. My father is already as a violent ass…. referred to because of false suspicions and defamation. Meike and Michelle should be punished. Please help me!!!!!
"Furthermore, the suspicion must always relate to a criminal act [...] False suspicion due to an administrative offense is not sufficient."
I can't find any evidence for this, § 164 (1) StGB only speaks of an “unlawful act”. And that includes administrative offenses, doesn't it?
I would be very grateful if you could give me an appropriate source to refer to.
hello, although mine didn't start out so well, I went to the nett branch to buy plums, as they weren't available, I went straight through the animal feed aisle to the exit and was followed by a member of staff who accused me of having taken a bar of chocolate without to pay.
i wasn't even near chocolate and there weren't any suspicions either. did the employee rightly run after me? I don't think so because there was no reason, I learned at Tengelmann myself and I have never been guilty of death.
should I show the employee?
with friendly greetings
In 2018 I saw the files from the investigations in 2000 about lawyers and had to find out that the criminal investigation authorities tried with all possible means to turn an innocent person into a perpetrator in order to be able to present themselves to the press and thus to achieve your lie Qotte in the year to be able to.
Now almost 18 years have passed and I am so angry where I read the files where a lot of wrong things were written down and where the victim was persuaded to say your statement as the police would like to finally be able to arrest me. And thus to be able to present yourself as a successful criminal investigation officer.
My question now ;;
Can I still do something about the correct position of the files?
Can I now file charges against the reporter for false suspicion?
Can I now do something against the police officers because of incorrect record keeping and incorrect investigation procedures?
Can I still claim damages from the advertiser?
Where can I find a lawyer who is not too cowardly to enforce this for me?
I have now been to the Sychartry because I am still concerned with this matter to this day and I have completely withdrawn from all social - relatives - friends because of this reproach.
Thanks for any help Robert
Dear Sirs and Madames,
what punishment could you get if you deliberately reported a false report (threat of murder) to the police?
if the accused had made the contraindication for defamation, would the complainant have to pay the lawyers' fees and pain payments?
Thank you for your answer
Dear Sirs and Madames,
What criminal liability do you get if you have deliberately made a false report of a murder threat to the police and then receive a counter-report of defamation?
Thanks for your response in advance
it is best to contact a lawyer with your question. He can explain the legal situation to you.
The editors of bussgeldkatalog.org
The explanations are very well explained here, but I'm not sure whether I can report my ex boyfriend for false suspicion or not.
In the spring, my ex claimed I had contacted his daughter on a cell phone. I never had the daughter's cell phone number. Therefore it was not possible for me to contact me. He didn't believe me so I looked into it myself. As far as I still knew, my ex bought a huawei cell phone (android) and apparently gave his old Appel cell phone, which was linked to his Appel ID, to his daughter. When I deleted his contact details on my iPad in the spring, I was asked to release the location. I gave this to him once. His daughter then received a message on her cell phone that I asked her to share her location. I also called the Appel hotline about this process, as it can be technically that I ask someone for his location approval although I do not have the number of the person concerned. Appel gave me the information that passing on a cell phone can already lead to it but were not 100% sure themselves. I also shared the result with my ex. But instead he reported me for harassment / stalking. The proceedings have now been discontinued after more than 3 months in accordance with §170 Abs2StPO.
My question now. Does the above case now constitute a false suspicion and could I report it?
My landlady suggests that I intend to commit fraud.
I would have tried to cover up a damp spot with "elephant skin" .. and I also spread intrigues ... .. Of course, full of nonsense
Get advice from the RA?
I do not want to let the intention of fraud sit on me.
What to do……
Can the police ask me at a traffic stop, did you take drugs and where are you from, are they allowed to ask such questions? It was 1 p.m. on a Monday. I am 45 years old and have never used drugs. The cops were aggressive too, pretty scared of them! Is that not punishable under the Paragraph of honor offenses and defamation within the meaning of Section 187 of the Criminal Code, an honor offense.
Hello Angelika A.,
such questions are allowed, but you are usually not required to answer. If necessary, you should discuss the extent to which the police's behavior was incorrect with a lawyer.
The editors of bussgeldkatalog.org
After a foreign fellow citizen had taken the right of way and drove me into the side of the car, he claimed that my son (16), who was sitting in the passenger seat, had driven (false statement). I hired a lawyer, now the investigation has been closed. But I don't see myself paying the lawyer's costs (unfortunately I don't have any legal protection insurance). Can I sue the other party in the accident for damages, false suspicion or defamation in order to get the legal fees out.?
What can I do …..
Hello, I was called into a conversation 2 days ago at work and accused of consuming drugs at work. I refused because I don't do something like that, I said that too. In the interview I was told I have to take a test immediately, that is what I did and everything is negative, so I was right with my statement. What can I do about it since I was wrongly accused?
I am wrongly accused that I deal with stolen bicycles and with cannabis I have never sold cannabis, let alone bicycles yesterday morning at 7:34 am, 5 officers are at the door and want to search the apartment with a resolution…. because the neighbor says I would deal because I always crouch with friends in the laundry room and smoke the police didn't find anything even confiscated my cell phones found nothing ...... my question is first of all, man can storm an apartment without solid evidence, only one witness is standing in it Decision …. why not go after the proven and check the source could have shaded my apartment then they would have noticed that it was not true because there were no people with me, only one that is best friend with whom I am always in the laundry room after work…. I am 1000000% sure that I have nothing to do with it ... .. what can I do, I can no longer sleep
Hello, my mother died unexpectedly in 2017, she was 73 years old and was not sick. She had lived in the apartment next to my sister for a year. The relationship was disrupted after just 2 weeks, the sister threw my mother out of the car in the middle of Cologne with a walker .She cursed you and accused her of her alleged bad childhood. I cannot confirm that, we had a lovely childhood. Unfortunately, my sister fell out of the role. She lied, stole, went to the auxiliary school because she had severe meningitis as a child. 90% of the time they say something stays behind. That means, she remained difficult to understand, although my mother forgave her again and again. .Well, I drove to 3 days a week. my he mother, u. Helped her to go shopping, doctors, authorities. The sister only spoke badly. Stole the apartment key, insulted you, pushed her several times and threatened you. After 4 months she gave notice of the sublet apartment. The relationship could not be changed. Mine Mother suffered a lot and we decided to move to my place in Dorf. Her things were still in cardboard boxes anyway. She kept trying to make my mother feel bad about me, but we both always had a good relationship, even though she did Sister also made my mother feel bad at friends and acquaintances. With her Tuesday to Saturday, the sister called a. Friday on and said to me, if my mother doesn't stop lying, I'll slap her on the wall !! I said, how are you talking, come down. She entered the apartment whenever she wanted, with a stolen key, but denied it and said she has Alzheimer's .. On Sunday at noon I phoned my mother, and she stayed that way answers the phone. In the evening I could no longer reach her. By then she was already dead. I called her several times a day until Thursday, my sister must have heard that too. On Thursday the friend called in the evening, your mother is dead. As When I arrived in Cologne, my mother was rotten in bed. The sister was ice-cold towards me. When asked, she was secretly in the apartment on Monday and said that her head was up, she was still alive. A lie !!
Otherwise I would have reached her. She would have found her on Thursday. The police and the doctor were already there. Even the funeral home was already there, even though I had a power of attorney, a will and a guardianship. She said it was a natural death. I said , yes what else?
When she told me that her friend was there to catch the cat, I felt really sick. As it turned out, the 3000 € that were under the mattress were missing. Not a word of sadness, freezing cold. Why was I the last one informed??? When I was closest to her? Since my sister injects botox and other things, I am firmly convinced that she had her fingers in the game. She only told lies to the other siblings so that no one wanted to do anything with me. The relationship is forever disturbed.I could neither explain my point of view, nor was one of my siblings on the assessment. The sister threatens me massively, but does not comment on the allegations that she killed my mother. I wrestled with myself for a long time and I came to the decision come to go to the police.
I firmly believe that you killed my mother. Can I now report to the police and report?
Many greetings and thanks
A youth welfare office employee who is responsible for handling that I went to to get contact stated in a violence protection decision. He would have reported me because I was loud and abusive during my visit, there was only one visit to him. In order to support a decision to protect against violence with my ex-wife, which would probably not have come about, it is very clear that he has reported me. I wasn't loud and abusive towards him either, I would have no sense if I went there about the company and yelled at the man. The inquiry with the police revealed and that is neither in the past nor to this day has given any report. the court decided that I can only see my son for hours under the supervision of this youth welfare office employee. Since then I have been refused to comment on anything. My ex-wife recently exchanged the locks when I was at work and then refused to use them, so this situation came about. They assume I'm an alcoholic, which is not the case, I don't even drink.
A year ago we had a visit from the police about alleged drug possession and they turned our whole apartment upside down. We were pretty shocked because we had nothing to do with drugs. My brother recommended that I inspect the files at the public prosecutor's office to find out who is behind this matter and was able to find out that they were people from our circle of friends. Since we also have business dealings with each other, we did not initially know what to do and have not approached these people about it to this day because we did not want to destroy our business. The file also revealed that many more lies had been spread about us, including phone tapping and 4 weeks of surveillance. But everything could be refuted, but offices and authorities were also included in the questioning because my husband had to do with them professionally. Of course there is now a shadow over us, although there was nothing to it! In the meantime, our relationship with the complainants has worsened and we have heard that these people continue to gossip about us. Now our question: how much longer do we have to bring a libel suit? And should or can we sue for compensation for pain and suffering? Please answer!
What punishment can one expect if it is a criminal offense because of false suspicion in indirect perpetration, but this is the first offense and one is therefore a first-time offender?
About the topic:
My husband has been wrongly accused the police several times by his ex-girlfriend.
According to her, he was investigated 6 times. Because of fraud, everything was stopped immediately, so we had no knowledge of it. (She showed him the letter from the police)
The 7th time there was a subpoena for spying on data so that he could comment, this was recently stopped by the public prosecutor's office.
Can he report her now for false suspicions or does he have to let it all sit down?
Thank you for an answer.
I would like to know if 2 people make a false report to an authority with the background of harming us on purpose
one is a policeman, the other is his wife. False advertisements are constantly being written, there are also reports of false suspicion against the two of them, all of the reports against me have been posted without proof, the two films are constantly following me and stalking me,
Which one do I have on the right
How can I defend myself ,
What does the possible condemnation look like,
How do I protect myself from them
please contact the police if you want to file a complaint. If necessary, a lawyer can advise you on possible steps.
The editors of bussgeldkatalog.org
For several years now I have been accused by the same people over and over again, e.g. because of forgery of documents, theft and twice because of serious burglary here these people gave photos and videos to the police, on which my person is not recognizable. Because I have not done any of the things. I now ask myself the question because there is currently another complaint about a break-in. Whether I should finally make a counter-report for defamation, allegation of a criminal offense ..
What other reports can I make of false suspicion and insult?
I have problems with my old neighbor that I came to her house at night and stole various things.
I tried to talk to his family, the family says it's my fault because I insult them. Besides that the old neighbor tries to scare me because she has an exceptional family who works for the police. I tried to let you in and talk to you nothing and this grandma continues to insult me. I have nicely informed my fermitor, be awake for 1 week and then feng the grandma on.
I don't want to hear that every day because I'm pregnant and need my ruche please answer me, what can I do exactly
Hello my thing is not so dramatic, my mother is 74 and she tells around I stole her SIM card, 1. I set up her cell phone 7-8 years ago ... then maybe twice in my hand to look for the right one . The last time 3 years ago.
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