The falsification of documents in the broader sense covers the in right traffic ("§"§ 267 - 282 StGB), in 23. Section of the penal code these crimes are regulated, whose right property is generally the security and reliability of right traffic. The money and ("§"§ 146 - 152a StGB) are not contained, whose protection direction meets the monetary transaction and the fiscal stability of the state at the same time. Since by the money and stamp falsification also articles are covered, which do not exhibit it is to be examined in the single case whether the is possible as Auffangdelikte for the remaining

In the Middle Ages falsifications of documents were quite promising and therefore frequent, like 1189 the alleged Barbarossa charter for Hamburg or the Konstantini donation.

Crimes

The crimes within the range of the are from the type offenses. They arise frequently in connection with other fortune or Eigentumsdelikten, like fraud and damage. As crimes within this range are called:

1. the falsification of documents in the actual sense ("§ 267)
2. the falsification of technical recordings ("§ 268)
3. the falsification of evidentiary data ("§ 269)
4. the deception in right traffic during data processing ("§ 270)
5. the indirect false registration ("§ 271)
6. changing official documents of identification ("§ 273)
7. the suppression of documents ("§ 274)
8. the preparation for falsification official documents of identification ("§ 275)
9. providing wrong official documents of identification ("§ 276)
10. the falsification of health certificates ("§ 277)
11. issuing incorrect health certificates ("§ 278)
12. the use of incorrect health certificates ("§ 279)
13. the abuse of identity papers ("§ 281)

The crimes are systematically in precarious way arranged. Separating of special standards concerning official documents of identification or health certificates was necessary, in order to close punishability gaps within the basic facts. The legislator decided however to adjust these crimes with smaller punishing threat.

Falsification of documents in the actual sense

The falsification of documents in the actual sense ("§ 267 StGB) is the Grunddelikt of all 23. Section-substantial characteristic of the facts is the term of the document, which as embodied - thus with a thing festverbundene - thought explanation one understands, which is generally or for certain persons understandably as well as to it suitably or intended to furnish in right traffic a proof and finally the exhibitor (thus the explaining) to recognize leaves. Without this complex explanation the range of the Urkundsdelikte would blur outlineless and at the same time the definition of the falsification more complicated would make. The document is then, if from the document evident exhibitors (the explaining) protect not with, actual exhibitor agrees falsified.

Specifics question of the falsification of documents

Certain individual cases are problematic. Like that document drafts and forms left blank are not no documents, also copies fulfill the characteristic. Copies however usually already, since they step to the place of the original. Photocopies should be no documents if they are recognizable as such. In the course of the development of the Xerografie in the meantime photocopies are however qualitatively possible on very high level, so that these can under-fall again the Urkundsbegriff. Problematic are also fax letters. These illustrate a copy of the document, the exhibitor are however always the sender, so that a falsification is to be excluded.

Also the Vornahme with scanned signatures is problematic (see comparison of handwritings).

The label fraud is usually unproblematically a falsification of documents. If the wrong price label is stuck on a thing, then it is firmly connected.

No falsification of documents is against it written lying. Who writes a wrong statement down, does not make itself punishable because of falsification of documents, since he is too equal the apparent and actual exhibitor. The name deception is not punishable yet. It depends on the identity deception. The demarcation is partly problematic. She is to be determined however also with the protection purpose of the standard. The name is usually no identity characteristic. A durable use of a wrong name is understood however as identity deception, since an impression solidifies itself regarding the identity.

Act actions

Manufacturing of a wrong document or the customs making of a wrong document is just as punishable as a falsifying of a genuine document. Suppressing genuine documents, in order to secure itself thereby advantages, is in "§ 274 exp. 1 StGB (suppression of documents) regulated. When falsifying also frequently a damage can be accepted, if for it the special substance of the document is changed.

See also

Fraud, computer fraud, account opening fraud

Related links

• "§"§ 267 - 282 StGB

Articles in category "Falsification of documents"

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