The abuse of titles, job titles and badges is in Germany a passing in accordance with StGB.

Protected right property is the protection of the public from the occurrence of persons, who earned themselves by the unauthorized, i.e. not ""use of designations the light of special functions, abilities give (BGH 31, 62; 36, 277). The author gives warranties in the quality, integrity and foreseeableness of behavior or achievements in certain social functions, which he does not possess. Criminally it concerns in particular an abstract in the apron of whereby it contains also also elements of the honouring and state protection.

Bare function names are not protected as (department manager, specialist, lecturer) or occupation data such as police officers.

Facts

It makes itself punishable who

• domestic or foreign academic degrees and title or public became lead (designations, academic degrees, titles, became, uniforms, office clothes or office badges stand for such directly, which are similar to them for confounding) lead and/or carry or

• domestic or foreign office or service designations, the job title physician, dentist, (psychological) Psychotherapeut, child and Jugendlichenpsychotherapeut, veterinary surgeon, pharmacist, attorney, patent lawyer, chartered accoutant, sworn in accountant, tax counsel or tax representative or the designation of publicly ordered and sworn in experts leads or

• carries domestic or foreign uniforms, office clothes or leads office badge.

Office designations, titles, are likewise seized, office clothes and office badges of the churches and other religious communities of the public right (see body status) by the facts (exp. 3). Thus the Federal Republic of their obligation from kind 10 of the realm concordat follows: "The use of religious clothes or the medal garb by laymen or through clergyman or medal persons, to which this use was validly forbidden by the too constant church authority by final, the public authority arrangement officially communicated, is subject on the part of the state to the same punishments as the abuse of the military uniform." The facts do not on the other hand only go beyond it however still, as on the one hand also titles and badge, the catholic church are protected, but also all other public religious communities of the protection profit ("klerischer title ").

Examples: A person spends itself untruthfully as Ambassador/gynecologist/an office supervisor, leads unauthorized a doctor title or carries robe, band and toque and/or a uniform of the German red cross in the public (concomitance with OWiG).

Frequently also a conflict develops with the guidance of doctor titles in Germany, which was not lent by a German university and in Germany is not recognized. The person would have to add an additive with the university - this geschiet not, is present an abuse of titles. The same applies to the guidance of the designation professor (Gunther of Hagens 2004 because of unauthorized leading of the title "Professor" condemned).

Measure of punishment

The punishing framework is imprisonment up to a year or a fine.

Punishing beside sequences

Articles, to which to uniforms, office clothes or office badges refer, can be drawn in.

Iurisdiction

• BGH judgement for leading the job title" professor to the employment "

Literature

• Franz bald one (Hrsg. Dieter Meurer): The abuse of titles, job titles and badges - right property, protection purpose and range of application "§ of the 132a StGB. Marburg (Lahn): Publishing house brown Elwert 1995 (Bd. 20 the Kriminalwissenschaftlichen studies). ISBN 3-7708-1056-2

See also

• Title mill
• Document of identification falsification

Related links

• http://www.dr-schulte.de/promotionsberatung.htm

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