Concept and Definition of a Certificate of Good Character
Das Certificate of Good Character is a written statement or certificate that provides information about a person’s character and personal trustworthiness. The term originates from German law and plays a role especially in criminal and administrative law. In legal terminology, the certificate of good character refers to the document relating to a person’s general conduct, reliability, and integrity. It serves as proof in various areas of law, for example when special requirements must be demonstrated for certain professional or social activities.
Historical Development and Significance
Origin and Development
Leumund, derived from the Middle High German word “liut-munt” (people and protection), originally stood for a person’s good reputation and social standing. Over time, the term became legally specified and has been used particularly in judicial and administrative proceedings since the 19th century. The certificate of good character emerged as a formal written statement about a person’s life conduct and trustworthiness.
Change in Legal Significance
Over time, the status of the certificate of good character shifted from a routine character reference to a specialized document with legal effect. Nowadays, the certificate of good character is often associated with the police certificate of conduct, although they are different documents.
Legal Classification of the Certificate of Good Character
Function and Areas of Application
The certificate of good character is used in various legal contexts:
- Criminal Procedure Law: In the context of criminal proceedings, the certificate of good character can be used as evidence to assess the personality of the defendant. It assists the court in making decisions regarding criminal responsibility, sentencing, and probation.
- Administrative and Commercial Law: Various commercial permits—such as concessions for security or hospitality services—require an impeccable reputation. In these cases, a corresponding certificate of good character may be required.
- Civil Service and Public Sector Law: To assess suitability for public sector employment, good character is often a prerequisite.
Distinction from Other Documents
The certificate of good character differs from the police certificate of conduct and from the certificate of non-objection. While the police certificate of conduct is an official document issued by the Federal Office of Justice and lists only entries relevant to criminal law, the certificate of good character is a broader, non-official declaration that also covers social integrity and general behavior.
Issuance and Form of the Certificate of Good Character
Content and Formal Requirements
A certificate of good character is generally informal and can be issued by various persons or institutions, such as supervisors, neighbors, club chairpersons, or other trusted individuals. The content usually relates to:
- Personal characteristics of the affected individual
- Lifestyle and social behavior
- special merits or notable characteristics
- Assessment of trustworthiness and reliability
There are no legally binding formal requirements, but the certificate should be written and signed. It often includes the date, issuer, relationship to the recipient, and the reason for issuance.
Material Requirements
The certificate of good character must not contain any untrue or misleading statements. Issuing a false certificate of good character may have criminal consequences, such as charges of false accusation (§ 164 StGB) or forgery (§ 267 StGB).
Legal Relevance and Evidentiary Value
Evidentiary Value in Judicial Proceedings
In criminal proceedings, the certificate of good character serves as demonstrative evidence or written witness testimony of significance. The court is not bound by the statements of the certificate of good character and must evaluate them at its own discretion (§ 261 StPO). It thus constitutes an ancillary means of evidence, the probative value of which depends on credibility and content.
Role in Administrative Procedures
In administrative procedures, a certificate of good character can be relevant to decisions, such as when being admitted to certain professions or in granting licenses for commercial activities. Authorities can require the presentation of a certificate of good character in order to determine personal integrity.
Limits and Restrictions
The certificate of good character does not replace official documentary evidence such as the certificate of conduct. It is used additionally but does not exempt the individual from the obligation to present further necessary documents. The evidentiary value of the certificate of good character can be refuted by counter-evidence or negative official records.
Data Protection Aspects
Handling Personal Data
The issuance and use of a certificate of good character are subject to data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Any disclosure or use of the data contained therein generally requires the express consent of the person concerned.
Retention and Deletion
The certificate of good character should only be retained as long as necessary to fulfill the intended purpose. Once the purpose has been achieved or the statutory retention period has expired, the document should be destroyed in compliance with data protection law.
Certificate of Good Character under International Legal Systems
Other countries do not have a standardized equivalent to the German certificate of good character. Often, the assessment of character is part of official procedures or is provided in the form of references or so-called ‘character references.’ However, the legal significance and recognition of such documents differ considerably.
Summary
The certificate of good character is a written statement providing information about a person’s trustworthiness and personal conduct. In German law, it mainly serves a supporting role and is used particularly in criminal, administrative, and commercial law. Unlike official certificates such as the police certificate of conduct, it provides a more comprehensive account of a person’s social and ethical integrity. The issuance and use of the certificate of good character are subject to data protection regulations. Although there are no legal formal requirements, the certificate of good character holds practical relevance as supplementary evidence in various legal areas.
Frequently Asked Questions
Who is authorized to issue a certificate of good character?
A certificate of good character can generally be issued by any person or institution capable of providing credible and comprehensible information about another person’s character or behavior. This especially includes employers, club chairpersons, neighbors, or other individuals from the person’s social environment. Legally, the certificate becomes particularly relevant when the issuer holds a special position or level of trust in their role, for example as an employer, trainer, volunteer leader, or official representative. For validity in a legal context, it is crucial that the certificate of good character is issued objectively, truthfully, and to the best of the issuer’s knowledge and belief. If a certificate of good character is to be used in a court or administrative proceeding, an informal written document is usually sufficient, though courts or authorities may impose additional requirements regarding structure, content, or signature.
What is the legal significance of a certificate of good character in criminal or civil proceedings?
In the legal context, especially in criminal proceedings, the certificate of good character often serves a supporting role. For example, it may be used to assess the personality of a defendant or during sentencing, for example to substantiate a positive social outlook. In civil law, such as in employment or tenancy law, a certificate of good character may be used as evidence of character, for example when assessing a person’s reliability or trustworthiness. However, it does not have binding legal effect; the court or relevant authority independently determines the weight to be given to the certificate. Falsely issued certificates of good character may result in legal consequences for the issuer in individual cases, particularly in regard to false statements or false accusations.
Can certificates of good character be revoked or corrected retroactively?
A certificate of good character that has been issued may generally be revoked or corrected if later-revealed facts or further information make the original statement appear inaccurate. The issuer is legally obliged to provide truthful information; therefore, if a formerly positive statement proves demonstrably false or outdated, it can be corrected or a new certificate of good character issued accordingly. In certain cases—especially when used before courts or authorities—such a correction may even be required to avoid deception. A revocation should always be clear, in writing, and include a comprehensible explanation.
Is there a right to be issued a certificate of good character?
There is no general legal right to the issuance of a certificate of good character. Unlike official certificates or police records, the drafting of a certificate of good character is purely a private matter and is generally at the issuer’s discretion. However, there are exceptions, such as in employment law, where an employee may under certain circumstances have the right to a qualified reference that serves similar purposes to a certificate of good character. In private or voluntary areas, if a person requests a certificate of good character, the requested party may refuse to issue it at any time without stating reasons.
What are the requirements for the content of a certificate of good character?
There are no legal formal requirements for certificates of good character, but they must meet certain minimum standards for credibility and usability in a legal context. This includes clear identification of the individual concerned (first name, last name, date of birth), precise description of the relationship between issuer and individual, and an objective, comprehensive account of relevant aspects of personal reliability, honesty, dependability, and integrity. Subjective value judgments should always be supported by specific examples or experience; mere statements of favor without factual basis are legally worthless and may even be criminally relevant. The issuer should personally sign the document and ideally provide the date of issue and contact details for further inquiries.
Can certificates of good character be challenged or contested in court?
A certificate of good character can be challenged in court if there are justified doubts about its truthfulness or authenticity. In legal proceedings, both the person concerned and third parties have the opportunity to contest the certificate, for example by examining the issuer as a witness or by submitting further evidence. If the certificate demonstrably contains false statements, this may give rise to civil claims for damages or even criminal consequences (e.g., for defamation, slander, or false accusation) against the issuer. In case of doubt, the court decides at its discretion to what extent the certificate of good character will be considered.
