Definition and significance of correcting false statements
Die Correction of false statements in German law refers to the obligation or possibility to actively correct incorrect, mistakenly or knowingly provided information to authorities, courts, or private third parties. This topic extends across numerous areas of law and plays a central role in both public and private law. The aim of correction is to restore a legally relevant, accurate factual basis, which is necessary for effective legal decisions.
Areas of application for the correction of false statements
Correction obligations in administrative law
In administrative law, there are numerous situations in which correction of false or incomplete information is required. For example, applicants for state benefits (e.g., social benefits, BAföG, tax concessions) are obliged to provide all relevant facts completely and truthfully. If errors are discovered later or circumstances change, there is an obligation to notify (§ 60 para. 1 sentence 1 no. 2 SGB I, § 153 AO).
Consequences of failing to correct
Failure to correct or deliberate concealment of inaccuracies can have serious consequences, such as the recovery of unjustifiably granted benefits, refusal of administrative acts, or initiation of regulatory offense and criminal proceedings (e.g., subsidy fraud according to § 264 StGB).
Correction in civil law
False statements may also need to be corrected in civil law, particularly in declarations of intent and contractual relationships. The focus here is primarily on statements made in connection with contract initiation and conclusion. The obligation to disclose errors discovered at a later stage serves to protect against contestable contracts and potential claims for damages.
Right and obligation to provide clarification
In civil litigation, there is a court duty to point out errors according to § 139 ZPO; parties are required to promptly correct mistaken or incorrect statements to enable an informed decision.
Correction obligations in criminal law
In criminal law, correction becomes particularly important in cases of alleged fraud (§ 263 StGB), false unsworn testimony (§ 153 StGB), or false statements made under oath (§ 156 StGB). Correction of inaccurate information may have an exculpatory or mitigating effect. In some cases, it can lead to exemption from punishment as part of voluntary disclosure, for example, under § 371 AO (tax evasion).
Legal basis for correction of false statements
Key regulations at a glance
- § 153 AO (Correction of tax declarations): Obligation to immediately correct tax-relevant statements.
- § 60 SGB I (Obligations of cooperation and correction for social benefits): Duty to correct false or incomplete statements without delay.
- § 123 BGB (Challenge due to fraudulent misrepresentation): Correction of incorrect statements to avoid legal consequences.
- § 263 StGB (Fraud): Correction can have a mitigating or exonerating effect if disclosed in time.
- § 371 AO (exempting voluntary disclosure): Subsequent correction of tax-relevant information.
Procedure for correcting false statements
Corrective measures in administrative procedures
In administrative proceedings, incorrect statements can be corrected through written or oral notification to the responsible authority. The notification should be made without delay upon learning of the inaccuracy to avoid legal disadvantages.
Administrative procedure sequence
- Identification of the incorrect statement
- Informing the relevant authority of the correction
- Where required: Proof or evidence of the correct statement
Correction in court proceedings
In court proceedings, the correction of erroneous facts is made either in written submissions or during oral hearings. The court is obliged to inform about the consequences and to correct inaccurate information in the case records.
Legal consequences of correction or failure to correct
Sanctions for failure to correct
If there is a breach of the correction obligation, various legal consequences may ensue:
- Repayment or revocation of benefits: Benefits received based on incorrect information may be reclaimed.
- Criminal consequences: False statements and the failure to correct them can be penalized with fines or imprisonment.
- Civil liability: In the event of culpable misinformation, liability for resulting damages may exist.
Advantages of timely correction
Timely correction can help prevent negative consequences, be considered mitigating in criminal proceedings, or even – especially in tax law – lead to exemption from punishment.
Distinction from similar terms
The terms are often confused Correction, Revocation und Withdrawal. While Correction refers to rectifying objectively false facts, Revocation und Withdrawal relate to changing or retracting a previously made declaration of intent or administrative act.
Significance for practice
The obligation to correct false statements is a key element of the principle of legitimate expectation and legal certainty in Germany. It ensures the integrity of the rule of law, protecting against erroneous decisions, financial disadvantages, and criminal consequences. When interacting with authorities, courts, and contractual partners, the accuracy of information and its timely correction deserve the utmost attention.
Summary
The correction of false statements is an important legal institution enshrined in numerous statutory provisions across nearly all areas of law. It serves to rectify errors, protect the legal order, and maintain trust. Its scope covers administrative, civil, and criminal law. Familiarity with the relevant obligations and procedures is essential to avoid legal disadvantages and possible sanctions.
Frequently asked questions
What must I do if I discover that an authority has stored false information about me?
If you become aware that an authority is processing or storing incorrect personal data about you, you are entitled under § 17 of the Federal Data Protection Act (BDSG) and Art. 16 of the General Data Protection Regulation (GDPR) to request correction of this information. You should first notify the responsible authority of the mistake in writing, providing as precise information as possible about the error and the correct data. It is also advisable to include appropriate evidence (such as documents or certificates) to support your claims. Once your correction request has been received, the authority is obligated to promptly review the data and, if an error is found, make the correction. If the authority does not comply with your request, you have the right to lodge a complaint with the competent data protection supervisory authority or take legal action if necessary.
Can a correction also be requested by third parties?
In principle, the right to correction is a highly personal right that can only be asserted by the person concerned. However, there are exceptions: For example, if a legal representative acts on behalf of a person with limited or no legal capacity (such as parents for their child or a guardian for a ward), the representative may also request correction. Likewise, heirs can under certain circumstances assert a correction request after the death of the person concerned, especially where post-mortem duty of care or personality rights are involved. Third parties without a legitimate interest or without express authorization, however, do not have this right.
What deadlines apply to the correction of false statements by authorities?
The law does not specify an exact deadline for the processing of correction requests but requires prompt correction or supplementation of incorrect data in Art. 16 GDPR. In practice, this means that the authority must act without undue delay after receiving the request. If the review is more extensive or consultations and evidence are required, the processing time must not exceed what is necessary. As a general rule, case law assumes a reasonable processing period of a few weeks. Any refusal or delay in correction must be justified to you.
What happens if the authority refuses to correct?
If an authority rejects your request for correction, it must provide a written justification for its decision. You can appeal against this decision and also contact the competent data protection supervisory authority. You also have the option to enforce the correction of your personal data by taking legal action. Often, it is advisable to use the administrative appeal or complaint process before pursuing legal proceedings in order to seek an out-of-court solution.
Do the same rules apply to private companies as to authorities?
The right to correction applies to both public entities (authorities) and private companies, with the respective data protection laws applying. For private companies, the GDPR (Art. 16) applies directly. When dealing with authorities, the BDSG as well as specific specialist laws also apply. The obligations to correct personal data quickly and completely generally exist for both companies and public bodies, and the implementation and further rights, such as the right to object or file complaints, are generally similar.
Are authorities obliged to provide notification when they correct data?
If personal data is corrected, the responsible authority is generally required under Art. 19 GDPR to inform all recipients to whom the data has been disclosed, provided this is possible and not unreasonably burdensome. The data subject may request to be informed about these recipients. The notification obligation serves to ensure that erroneous information is not further disseminated or that decisions are not made on the basis of incorrect data.
What should be considered when correcting entries in criminal or registration records?
Special procedural regulations apply to the correction of entries in certain registers, such as the Federal Central Register or the registration register. In the Federal Central Register, a correction procedure is carried out according to § 52 of the Federal Central Register Act (BZRG). Here as well, a written request is required, accompanied by evidence of inaccuracy. The review is subject to particular formal requirements, such as the hearing of the party concerned or the notifying authority. Deadlines and procedures may differ from general administrative law and are governed by the respective specialist legislation. The aim must always be a consistent and legally compliant representation of the actual circumstances.
