Dine and dash

As bilking is called when in a restaurant business a guest, the payment cut off, so the innkeeper bounce to foot the bill. If and if so, under what circumstances the bilking a criminal offense is dealt with differently depending on the country.

Etymology

The word bilking occupied since the 19th century. It is made up of mine and bounce. Mine in the meaning of tavern bill is attested since the 15th century. It has evolved from the late Middle High German meaning " contribution to the common feast of a society ". The same word is shown since the 13th century and in the importance of mine, mine. The connection between the two meanings is that with zweiterem originally the mining cooperative, and the concerted participation, was meant.

Bouncing originally meant push, hit, high spin. The additional cheat importance derives from a hunting tradition of the 17th and 18th century, in which a fox was repeatedly thrown up on a taut cloth and so cheated out of their freedom (Fuchs bounce). According to Duden online 22 December 2011, the bouncing of foxes has been practiced for " amusement of hunting societies." This in turn derive from the chatter of people ( as punishment or as a joke ), which is " on a taut cloth in the air " threw. Probably was then allowed to loose the cloth so that he hit the ground. This could even lead to death by the delinquent. In Vaduz Castle ( Liechtenstein ) there are in a castle hall painting, where hares revolt against the humans. They also throw people on towels in the air (for bounce) until they are dead.

Legal situation in Germany

In Germany bilking is not a legal term. Legally, the bilking is to consider differentiated: Private Legally there is a breach of duty of the guest before, which has its main service is not provided as part of the ( mixed type ) hosting contract. This is due in addition to the claim for performance remaining a claim for damages the host of § 280 para 1 BGB. As long as the account remains unpaid and the guest has not yet left the rooms of the inn, the innkeeper an innkeeper lien stands as security pursuant to § 704 German Civil Code on the property brought by the guest stuff.

In addition, there may be a criminal offense. The German Criminal Code contains - contrary to popular opinion - no specific offense of bilking; However, this is possibly due to fraud and thus entering into an offense under § 263, paragraph 1 of the Criminal Code. Meanwhile, the Zechpreller is guilty when he first misled about facts, what has caused an error in another ( waiter ), whereupon he has made a fortune available that has a pecuniary loss caused ( here at the inn ). The Zechpreller must have had intent regarding these circumstances, have acted unlawfully and culpably.

A problem in this context the question regularly arises whether the offender has ever made ​​an act of deception. Considering only takes a misrepresentation of inner facts, namely the ability to pay or the willingness to pay - the presence of these two components, namely implied he explains in his order. Believes itself to the guest at the time of order so both willing to pay and pay, there can be no fraud present - not even if the guest for any reason fails to pay later.

On suspicion of bilking the host can call the police or hold the guest, if necessary by force: In the case of an offense that allows his Everyones - arrest law of § 127 paragraph 1, 3, Code of Criminal Procedure, otherwise uses self-help, § 229 BGB, to determine the identity of a.

Legal situation in Austria

In Austria, the bilking gem is a fraud. § 146 StGB counted. The culprit is a misrepresentation of facts, the misrepresentation of the inner facts is made that the bilk the innkeeper about his current intention to deceive, he could or would pay the ordered food and drinks. The deception itself is the seconded to mislead overall behavior by an appropriate positive action, that is, who ordered food as a guest, so conclusive explanation, ready for immediate payment to be. From the police perspective is assumed in non-existent cash the perpetrator of a fraudulent intent.

Legal situation in Switzerland

In Switzerland bilking is a separate criminal offense (Art. 149Vorlage. Kind / Maintenance / ch- Search Criminal Code) and threatened with imprisonment up to three years or a fine.

The reason that the bilking is regulated in a separate article, is that a fraud is only present when the intent to cause damage (ie here when ordering ) already existed when arranging for the transfer of wealth. This would regularly lead in practice to insurmountable difficulties of proof. The current regulation now leads but to the fact that the hosting relationship is privileged over other contractual relationships, because even the mere breach of contract ( ie the mere subsequent non-payment of the service rendered ) is a criminal offense, which is actually alien to the system. This has been criticized because the legislature but has retained the current requirement.

The Court considered the bilking as a catch, which should only be applied when there is no fraud given ( or detect ), and not as a lex specialis which takes precedence over the fraud. Consequently, if such a destitutes in a Nobelherberge hosting, knowing that he will never be the bill from the outset can pay, so he commits no bilking but a scam.