Concept and Definition of False Accusation
Die false accusation is a criminal offense under German criminal law and refers to the culpable assertion or dissemination of false facts about a person, causing them to be suspected of having committed an unlawful act or of being subjected to an official measure. The aim and effect of the false accusation is to initiate official proceedings against an innocent person.
False accusation is regulated in Germany in particular by Section 164 of the German Criminal Code (StGB). This section serves to protect individuals from unjustified criminal, administrative, or disciplinary penalties.
Statutory Regulation and Features
Elements of the Offense under Section 164 StGB
According to Section 164 (1) StGB, anyone commits a criminal offense who:
‘…knowingly falsely accuses another person to an authority or an official authorized to receive reports of an unlawful act or of a breach of official duties, or asserts or disseminates such an accusation against better knowledge, provided that this can trigger official measures or other serious consequences for the affected person.’
Objective Elements of the Offense
1. Accusation
Accusation in the legal sense means that someone, by making or asserting a statement of fact, directs the attention of investigative or criminal prosecution authorities toward another person such that investigations could be initiated against them.
2. False Fact
The starting point is the falsehood of the asserted or disseminated fact. The fact must be objectively false. Mere expression of opinion is not sufficient.
3. Relevance to an Authority
The accusation must be made to an authority (such as the police, public prosecutor’s office, administrative authority) or to an official authorized to receive complaints (for example, a field police officer).
4. Serious Accusation
The false accusation relates to:
- An unlawful criminal offense
- An administrative offense
- A breach of duty punishable under disciplinary law
Subjective Elements of the Offense
1. Intent and Knowledge
The perpetrator must act knowingly and intentionally, i.e., with conscious awareness that the statement is untrue. Negligence is insufficient for criminal liability. The offender must know precisely that the reported or disseminated fact is not true.
2. Intention to Elicit an Official Response
It is not necessary for the report to actually lead to a measure (such as a criminal proceeding). The purpose of the law is already affected if it is possible for an official proceeding to be initiated.
Distinction from Other Criminal Offenses
Difference: Fabrication of a Criminal Offense (Section 145d StGB)
The fabrication of a criminal offense and the false accusation are closely related but differ significantly. In the fabrication of a criminal offense, a non-existent crime is reported in its entirety, whereas in the case of a false accusation, an actual or even non-existent crime is falsely attributed to an uninvolved person.
Difference: Defamation (Section 187 StGB)
Defamation involves damaging the reputation of a person by knowingly spreading false facts. In the case of false accusation, however, the official reaction or the initiation of proceedings is the focus, not just public slander.
Range of Penalties and Legal Consequences
Criminal Penalty (Section 164 StGB)
False accusation is punishable by imprisonment of up to five years or a fine. In particularly serious cases—such as if the report actually leads to someone being unlawfully imprisoned—the penalty can be even higher.
Attempt
The attempt to commit false accusation is also punishable under German law.
Possible Acts and Examples
Acts in the sense of Section 164 StGB can take various forms. Examples include:
- Reporting a theft to the police, knowing that it did not occur, and naming another person as the perpetrator.
- Making a written accusation to an employer that a colleague intentionally violated company policies, even though this is not true.
- Alleging to the vehicle registration authority that an acquaintance committed a hit-and-run accident, against better knowledge.
Procedural Particularities
Reporting and Prosecution
The prosecution of false accusation is initiated ex officio (as a criminal offense pursued by public authorities). A report from the victim is not required, though it is often the starting point for corresponding proceedings.
Evidentiary Challenges
In court proceedings concerning false accusation, reconstruction of the true facts is of considerable importance. The prosecution must prove that the offender acted intentionally and against better knowledge and asserted or disseminated an objectively false fact.
Legal Protection and Rights Safeguarded
False accusation primarily protects the interest of the individual not to be unjustly involved in official or criminal proceedings. In addition, the functioning of the courts and other official procedures is protected from misinformation.
Relationship to Civil Liability
In addition to criminal consequences, a false accusation can also trigger civil claims, particularly for damages and injunctive relief. The wrongfully accused person may seek compensation for financial losses or infringements of personal rights.
Practical Significance and Prevention
False accusations occur in various areas of life, such as in private, professional, or public contexts. Such allegations can seriously impair the life of the wrongfully accused person.
The legal system deliberately provides strict requirements and severe penalties for false accusations in order to prevent abuse and denunciation.
Conclusion
Die false accusation is a serious criminal offense under German law, protecting both the individual’s interest in liberty and the integrity of state proceedings. Strict penalties are intended to prevent innocent people from being unjustly targeted by authorities or prosecuted. Anyone who makes a report against better knowledge or raises false allegations may be liable to prosecution and face serious legal consequences.
Frequently Asked Questions
What legal consequences can a false accusation have for the accused person?
In the case of a false accusation, the person accused may suffer significant legal and personal harm. From a legal standpoint, even the initiation of an investigation can be burdensome, even if the investigation is later discontinued. The person may have to endure police measures such as interrogations, searches of their home, or even pretrial detention. In addition, there is the risk that, in the event of an indictment, a criminal trial will be conducted, which may involve financial burdens, stigmatization, and further disadvantages—for example, regarding their job. If the false accusation is not uncovered, there is the threat of conviction and punishment in the worst case, even though the accused is innocent.
How can someone defend themselves legally against a false accusation?
Anyone who is falsely accused or reported has various legal options to protect themselves and take action against the false accusation. First, there is the right to seek legal counsel, who can request access to case files and develop appropriate defense strategies. It is advisable to exercise the right to remain silent and not to make any statements before consulting with an attorney. If it can be proven that the accuser’s statements are untrue, a report can be filed for false accusation (Section 164 StGB) with the police or public prosecutor. After the conclusion of criminal proceedings, there may also be civil law claims, such as for damages or compensation for pain and suffering.
What requirements must be met for false accusation to be punishable?
A punishable false accusation under Section 164 StGB requires that someone knowingly and intentionally accuses another person who is innocent of an unlawful act or administrative offense to an authority or an official authorized to receive complaints. The perpetrator must act intentionally, i.e., knowing that the accused did not commit the act in question. It is not sufficient if there is only a vague suspicion or if a false statement is made by mistake, provided there is no intent to defame. Criminal liability remains regardless of whether or not criminal proceedings are actually initiated.
How does false accusation differ from slander or defamation?
Unlike false accusation, where information is specifically provided to authorities, slander (§ 186 StGB) or defamation (§ 187 StGB) involve statements made to third parties and do not need to be directed at authorities. False accusation is only relevant when a state authority is knowingly provided with false facts. Defamation, on the other hand, requires the dissemination of defamatory facts that are demonstrably false, regardless of whether authorities are involved. Thus, a false accusation can also be defamation if the act is performed publicly.
What penalties apply in the case of a false accusation?
If someone is convicted of false accusation under Section 164 (1) StGB, they face a prison sentence of up to five years or a fine. In particularly serious cases, such as when the false accusation results in imprisonment of the wrongfully accused, the penalty may be increased. In determining the sentence, courts take particular account of the extent of the harm caused, the motives of the offender, and whether the offender has confessed or shown remorse.
Can a false accusation also have civil law consequences?
In addition to criminal consequences, a false accusation can also entail extensive civil law consequences. The wrongfully accused person may seek compensation for material and non-material damages in civil court. This may include costs for legal defense, loss of earnings, harm caused by reputational damage, or compensation for pain and suffering. The enforcement of such claims requires demonstrable damage and fault on the part of the offender. The civil court independently examines whether the conditions for a claim are met in each case, regardless of the outcome of the criminal proceedings.
Under what circumstances do claims arising from false accusation become time-barred?
Criminal claims for false accusation are subject to the relevant statutory limitation period, generally five years (§ 78 (3) No. 4 StGB), unless special suspension or interruption provisions apply. In civil law, the limitation period under § 195 BGB is usually three years from when the damage and injuring party become known, with interruptions also possible through legal actions. It is advisable to take legal action early, as limitation can completely preclude claims for prosecution or damages.
