Writing offences in German criminal law
Writing offences are criminal acts under German criminal law in which the commission is carried out through the use of written documents or the documents themselves constitute the object of the offence. These offences play a significant role, particularly in the area of forgery and document crimes, but also in cases involving breach of confidentiality and freedom of expression. The following provides a detailed explanation of the legal foundations, relevant facts, statutory regulations, as well as practical examples and distinctions.
Concept and legal classification
Definition of the term writing offence
Writing offences are criminal acts in which the commission or attempted commission of a crime is carried out directly or indirectly through documents or written communications. Unlike purely bodily or property offences, writing offences focus on the handling of documents, records, certificates, or other written statements at the centre of consideration under criminal law.
Legal sources
The relevant regulations are found in the German Criminal Code (StGB), in particular in the sections on document-related offences (§§ 267-271 StGB), but also in other laws, for example in the area of data protection, professional secrecy, or, in special ways, in press law and freedom of expression law.
Systematics of writing offences
Writing offences can be systematically categorized according to various types:
- Document-related offences (for example, forgery of documents)
- Suppression, destruction, or alteration of written documents
- Forgery of evidentially relevant data
- Violation of private secrets through written communication
- Defamation and slander by means of writing
Document-related offences as the core area
The focus is on document-related offences under criminal law. These include, in particular:
- Forgery of documents pursuant to § 267 StGB
- Forgery of technical records pursuant to § 268 StGB
- Misuse of identification papers pursuant to § 281 StGB
- Forgery of health certificates pursuant to § 277, § 278 StGB
Other relevant writing offences
- Forgery of evidentially relevant data (§ 269 StGB)
- Suppression of documents (§ 274 StGB)
- Data protection-related offences involving written documents (§ 42 BDSG)
- Breach of confidentiality through documents (§ 203 StGB)
Individual criminal offences in detail
Forgery of documents (§ 267 StGB)
Forgery of documents represents the central writing offence. Punishable is anyone who, for the purpose of deception in legal transactions:
- creates a false document,
- alters a genuine document, or
- uses a false or altered document.
A document is any written statement that is suitable and intended as evidence in legal dealings and reveals its issuer. The penalty is up to five years’ imprisonment or a fine.
Forgery of technical records (§ 268 StGB)
Technical records are representations independently created by technical devices that have an evidential function, e.g., tachograph charts, measurement reports. Acts include creating false technical records, altering them, or using them in legal dealings for the purposes of deception.
Forgery of evidentially relevant data (§ 269 StGB)
With § 269 StGB, forgery of documents law was adapted to electronic data. The criminal offence is the falsification or deception using electronic, evidentially relevant data with an evidentiary function.
Suppression of documents (§ 274 StGB)
The offence is damaging, destroying, or suppressing another’s evidentially relevant documents or technical records in order to disadvantage another.
Defamation and slander by writing (§ 186, § 187 StGB)
These offences cover criminal, reputation-damaging statements that are disseminated in writing. The dissemination by means of writings is often seen as an aggravating factor and increases criminal liability.
Distinction from other offences
Writing offences and document-related offences
A clear distinction must be made from offences in which written documents are merely used as a means to an end, without being the object of the crime themselves, such as in the case of fraud (§ 263 StGB), where, according to prevailing opinion, the use of a forged document to deceive is considered an independent wrongful act.
Digitalization: Writing offences in electronic legal transactions
With increasing digitalization, classic writing offences have been extended to electronic data and documents. §§ 269, 270 StGB specifically address falsified electronic evidentiary data and equivalent technical records.
Legal consequences and penalties
Depending on the offence, penalties range from fines to several years’ imprisonment. Particularly serious cases, such as organised commission or endangering public interests, can lead to increased penalties. Attempt and preparatory acts are also punishable for various writing offences.
Practical significance and examples
Writing offences are highly relevant in everyday life, e.g., issuing or using forged certificates, records, official documents, or examination papers. They are also significant in the context of contracts and digital signatures in business transactions.
Examples
- Submission of a forged school leaving certificate with a job application
- Manipulation of examination records
- Use of forged vaccination certificates
- Alteration of digital account statements
- Destruction of a receipt to conceal a financial loss
Special features in procedural law
Writing offences are often classified as official offences, i.e., they are prosecuted ex officio. During the taking of evidence and in civil proceedings, investigations into writing offences may be particularly relevant, as documents serve as evidence in §§ 415 ff. ZPO.
Prevention and consequences for those affected
Prevention measures include security features on documents, digital signatures, and audit-proof archiving of documents. A conviction for a writing offence may have significant professional consequences, entries in the certificate of conduct, or civil claims for damages.
Literature and further legal provisions
- Criminal Code (StGB), especially §§ 267-274 as well as §§ 186, 187, 269, 270
- Act on Regulatory Offences (OWiG)
- Federal Data Protection Act (BDSG)
- Code of Civil Procedure (ZPO), §§ 415 ff.
See also
- Document-related offences
- Forgery of documents
- Forgery of evidence
- Data protection law
- Infringement of personal rights by writing
Note: The interpretation of individual offences and their application in practice can continually develop due to current case law and legislative changes.
Frequently asked questions
How is the authenticity of a document determined in writing offences?
In the course of criminal investigations concerning writing offences—in other words, criminal acts in which documents or other writings are forged, altered, or misused—establishing the authenticity of a document is essential. This is accomplished through a variety of forensic techniques. Among the most important methods are handwriting analysis, which examines characteristic features of handwriting, as well as analysis of materials used, such as paper, ink, or special security features like watermarks, holograms, and microprints. Furthermore, modern technical aids are used, such as spectral analysis, which can detect remnants of erasing agents, additives, or subsequent modifications to the document. Experts also assess the document’s history regarding plausibility, age, and origin. In court proceedings, an expert handwriting report is often obtained to scientifically assess the authenticity or forgery of a document.
Who is criminally liable for writing offences?
Criminally liable is generally the person who is actively involved in the production, alteration, or use of a forged document. Under German criminal law, this can be the direct perpetrator (i.e., the forger), co-perpetrator, or accomplice (e.g., an assistant or instigator). In companies, the responsible manager (for example, if there are organizational deficiencies) may also be held liable in addition to the acting employee. The prerequisite is always intentional conduct, as negligence is not sufficient in most writing offences. Also relevant is intent regarding the specific use of the forged document for deception in legal dealings. An error regarding the authenticity of the document can, in individual cases, lead to an exemption from punishment.
What legal consequences threaten upon conviction of a writing offence?
The legal consequences vary depending on the type and severity of the offence. Basic offences such as forgery of documents under § 267 StGB are punishable by up to five years’ imprisonment or a fine. In especially serious cases, e.g., if committed for commercial purposes, the penalty can be up to ten years. In addition to the main penalty, the court may order ancillary consequences such as professional or activity bans, confiscation of forged documents, or supervisory measures. In less serious cases, the court may mitigate the penalty at its discretion. In juvenile criminal law, special rules apply which focus particularly on educational aspects.
Are there victims’ rights in writing offences and how can one protect oneself?
The victims of a writing offence—typically persons against whom forged documents are used, for instance, by entering into contracts or submitting false evidence—have numerous rights. In particular, they can participate as witnesses in the criminal proceedings and, if necessary, assert claims for damages or compensation through adhesion proceedings. In advance, awareness of security features, increased use of digital signatures, and careful verification of submitted documents can provide protection. Companies are making increasing use of technical solutions such as blockchain or certified document verification to make forgeries more difficult or to quickly detect them.
Statute of limitations: How long can writing offences be prosecuted?
The statute of limitations for criminal prosecution of writing offences depends on the applicable penalty range. For the most common form, forgery of documents (§ 267 StGB), the limitation period is generally five years (§ 78 para. 3 no. 4 StGB). For particularly serious offences, the limitation period can be up to ten years. The period usually begins with the completion of the act, i.e., when the forged document is created or first used to deceive. Under certain circumstances, e.g., with multiple perpetrators or in continuous offences, the period may begin later or be interrupted, such as by procedural measures like the filing of public charges.
What role does attempt play in writing offences?
Unlike many other offences, the attempt of a writing offence is generally punishable as well. § 267 para. 2 StGB explicitly punishes the attempt of document forgery. This means that even preparation or an act that has begun but not been completed—such as making a forgery that has not yet been used—can be sanctioned. The requirement is a direct act towards the completion of the offence and intent to cause a deception in legal dealings. The penalty for the attempt can be less than that for completed acts but is at the court’s discretion. Exemption from punishment by withdrawal may be possible if the perpetrator voluntarily refrains from further action.
