Legal advice for burglary questions

Questioner

Friday night I went to a construction site with a friend and we went inside the apartment complex that is being built there. The gate was open, so we could just walk in. There were no windows or doors in the building, so we just walked in. Fifteen minutes later we see a few flashlights and after a short drive we are at the police station. After some administrative work we are told that the fine will probably be 95 euros and that we have been accused of burglary. Now I have a few questions about this. Can this be considered burglary? We did not break any locks and did not climb over any fences. Then it could be considered breaking and entering, which is also a crime. But is it really breaking and entering if the building is unoccupied? By the way, we were not on the site with bad intentions, we only wanted to climb onto the roof. I am very curious if anyone here knows if we have been treated fairly. I have not received a letter yet but I want to follow up on it. Also, if I get convicted of burglary, will I get a criminal record? (or whatever it's called these days) Wouldn't it be weird if you got a criminal record for a 95 Euro fine? That's even less than a fine for urinating in public... Thank you for your attention.

Lawyer

I can't look inside the judge's head, but I suspect he won't let you off completely scot-free. But you are still a long way from seeing a judge. The police have noticed something; that is their job. The Public Prosecutor (Public Prosecutor) then determines whether a possible criminal offense has been committed The judge will decide whether this is the case and will determine the sentence. Then the following can happen: The police leave it at a report, and nothing is forwarded to the justice department. The note is in the system, but nothing happens with it, unless you have to go to the police again. The public prosecutor decides that it is not so bad and offers you a transaction PROPOSAL. This looks like a fine, but is not the same. You do not have to accept it, but can also go to court. The public prosecutor decides to drop the case. 'We are too busy, this is too difficult to prove, this is not worth my time' And then you hear nothing more. What to do now? For now, you do nothing. You wait patiently and you assume that everything at the police and the Justice Department is geared towards imposing a punishment on you UNLESS you can demonstrate that this is unreasonable. The judge will also ask them to PROVE that you were committing a criminal offence. Gather the relevant facts in evidence; was the gate open? Then make sure you have witnesses or photos of that. Make sure you have evidence of all the factual circumstances, and of what people said (in the form of witnesses and/or statements thereof. Think carefully in advance about how you want to handle the situation. If necessary, ask for help from someone who has more experience than you. Success!