Term and definition of Providing False Name
Die providing false name in the legal context refers to the deliberate provision of an incorrect name to public officials, authorities, or other persons, especially in connection with the establishment of identities. Providing a false name can take various forms, including using a completely fabricated name (“alias name”), intentionally swapping first and last names, or using an existing but foreign identity. It is often treated as a regulatory offense or criminal act and holds significant importance in security law, police law, and registration law.
Providing False Name in Criminal Law
Criminal Relevance
Under German criminal law, the intentional provision of a false name constitutes a criminal offense under certain circumstances. Of particular relevance are the provisions of Sections 111 to 132 of the German Criminal Code (StGB), especially the offenses of false accusation (§ 164 StGB), forgery of documents (§ 267 StGB), and impersonation of a public official (§ 132 StGB).
Offense and Modes of Commission
Providing a false name as such is not punishable in every case. Decisive is whether the false information leads to a further result relevant under criminal law, for example:
- Feigning a criminal offense (§ 145d StGB)
- False accusation (§ 164 StGB), when the use of another person’s name implicates another person
- Obstruction of justice (§ 258 StGB), for example, if providing the name delays or prevents an official measure
- Forgery of documents (§ 267 StGB), for instance, if signing with a false name
Procedural Consequences
If a person provides a false name to law enforcement authorities, this can result in significant procedural consequences. In addition to potential criminal liability, pre-trial detention may be ordered, for example, if the provision of a false name is deemed to indicate a risk of flight.
Providing False Name in Regulatory Offense Law
Offense under the Regulatory Offenses Act
The Regulatory Offenses Act (OWiG) provides a specific provision in § 111 for providing a false name. Accordingly, anyone who knowingly provides incorrect or incomplete personal information to a competent public official, where a regulatory offense is to be established, is acting unlawfully.
Sanctions
Sanctions are imposed in the form of a monetary fine, the amount of which may vary depending on the federal state and individual case. In cases related to road traffic, § 69 StVOWiG (Road Traffic Regulations in conjunction with OWiG) also applies, for example, if false information is provided during a traffic check.
Providing False Name in Police Law
Identification and Cooperation Obligations
In the course of police identification procedures pursuant to § 163b of the Code of Criminal Procedure (StPO) or corresponding state police laws, affected individuals are obliged to provide truthful information concerning their identity. The willful provision of a false name can lead to police measures such as provisional arrest (§ 163c StPO), forensic identification measures (§ 81b StPO), or being taken into custody.
Coercive Measures and Imposition of Costs
If establishing identity is hindered by providing a false name, police officers may use direct force. Additionally, any additional costs incurred (e.g., for forensic identification procedures) may be charged to the individual concerned.
Providing False Name in Registration and Administrative Law
Information Given to Registration Authorities
According to the Federal Registration Act (§ 17 BMG), there is an obligation to provide truthful information during registration and change of residence. Knowingly providing a false name to registration authorities can be punished as a regulatory offense under § 54 BMG with a fine, which can amount to several thousands of euros.
Consequences for Administrative Acts
If personal documents, driving licenses, or similar certificates are issued based on a false name, this may lead to their immediate revocation and to criminal prosecution for document forgery. Administrative acts based on such false statements are generally void or can be revoked.
Providing False Name in Civil Law
Significance in Contractual Relationships
In civil law, the use of a pseudonym or alias is only permitted to a limited extent. If a party deliberately gives an incorrect name when concluding a contract, this can lead to avoidance based on fraudulent misrepresentation (§ 123 BGB) or to the nullity of the legal transaction. Additionally, claims for damages may arise if the other party suffers loss as a result of the false information.
Legal Consequences
The use of a false name can also be relevant in the context of authority to represent, especially if the identity of the person acting is essential for the contracting party or if the representation of another person is being feigned. In such cases, the principles of representation (§§ 164 et seq. BGB) may be impaired.
Providing False Name in Immigration Law
Obligations Towards Immigration Authorities
Within the context of residence law, nationals of third countries are required to register with immigration authorities using their real name. Providing a false name can result in refusal or revocation of the residence permit, as well as measures leading to termination of stay. In addition, criminal liability under § 95 AufenthG (illegal residence and false statements) is threatened.
Deportation and Entry Bans
If false information is detected during identity checks, this can lead to an entry and residence ban. In individual cases, deceived authorities may also initiate search measures to determine the true identity.
Providing False Name in an International Context
Providing a false name is a relevant issue not only in Germany but also internationally. In the areas of immigration law, international criminal law, and especially in the context of counterterrorism and cross-border crime, there is close cooperation between the authorities of various states to prevent and detect false information.
Distinction from the Use of Pseudonyms
The intentional use of an alias or pseudonym is generally to be distinguished from providing a false name, provided that no deceptive or unlawful purpose is pursued. In the digital sphere (e.g., with email accounts or social media), the use of pseudonyms is often permissible, provided there are no legal notification obligations or authentication requirements.
Summary and Legal Assessment
Providing a false name is a significant legal concept, the legal consequences of which range from regulatory fines to criminal sanctions and far-reaching administrative and civil law effects. It affects numerous areas of law and—depending on the context—can have significant personal and legal consequences for the person involved. Providing truthful identity data is therefore not only a central obligation in legal transactions, but also an essential element of state security and criminal prosecution.
Frequently Asked Questions
What are the legal consequences of providing a false name?
Providing a false name can have a wide range of legal consequences, depending on the specific context and the intent. In civil law, providing a false name can lead to the avoidance or nullity of contracts if the identity constitutes a material basis of the contract or if an intention to deceive is apparent. Under criminal law, the deliberate and intentional provision of a false name can be prosecuted as “providing a false name” under § 111 OWiG (Law on Regulatory Offenses) or, in serious cases, as “false accusation” (§ 164 StGB) or “fraud” (§ 263 StGB). In administrative law as well, especially vis-à-vis authorities such as the police or registration offices, failure to disclose or false disclosure of one’s name frequently constitutes a regulatory offense or criminal act. The consequences range from fines and monetary penalties to custodial sentences, especially where third-party rights are violated or justice is obstructed by the false information.
When does providing a false name constitute a regulatory offense under § 111 OWiG?
A regulatory offense under § 111 OWiG occurs if a false name or false address is given to a competent authority, either deliberately or negligently. This particularly applies to situations where the correct provision of one’s name is legally required, such as during police checks or applications for identification documents. The regulatory offense carries a fine. An important prerequisite is that the relevant authority actually relies on truthful disclosure of identity to carry out its tasks. If the false information triggers or hinders further official actions, other criminal offenses may also be fulfilled.
When does providing a false name become a criminal offense?
A mere false statement does not always remain a regulatory offense. It especially becomes a criminal offense if the deception is used to obtain a financial advantage (fraud, § 263 StGB), the deception leads to the creation of false official documents (forgery of documents, § 267 StGB), or another person is unlawfully implicated (false accusation, § 164 StGB). The use of a false name to deceive police in order to conceal a regulatory offense or a crime can also be punishable. Thus, criminal liability closely depends on the purpose of the deception and the actual consequences caused.
What are the rights and obligations regarding disclosure of name during a police check?
Every person is generally obligated to give their correct name, date of birth, and place of residence during an identity check by the police. Violations, such as giving a false name, at least fulfill the requirements for a regulatory offense. The police may take measures to establish identity and, in individual cases, use coercive means such as detaining or taking the person to the police station in order to determine identity. Providing the correct name is thus part of the statutory duty to cooperate, and intentional false information may be prosecuted under criminal or regulatory law.
Can a one-time false name statement be corrected afterward?
A subsequent correction is possible and highly recommended from a legal perspective in order to avoid or at least mitigate potential regulatory offenses or crimes. Whether this has an exonerating effect, however, depends on the individual case. If the party concerned voluntarily and in a timely manner discloses the correct identity before discovery or corrects the false information, this can be taken into account as mitigating, though it does not automatically absolve responsibility. Especially in administrative law, voluntary corrections can, however, help to avoid prosecution.
What impact does providing a false name have on concluded contracts?
The legal consequences of providing a false name when concluding contracts are assessed according to the principles of the German Civil Code (BGB), in particular the provisions on mistaken identity (§§ 119 et seq. BGB). If there is no doubt for the contracting party regarding the person of the counterparty, a contract generally remains valid despite a false name. However, the false information becomes significant if it involves deception regarding the person (mistaken identity) or the intention to secure financial advantages (fraud). In such cases, the contract may be contestable or even void, and claims for compensation and criminal consequences may arise.
Are there special rules for false statements made by minors?
Yes, distinctions are made among minors, such as those who are criminally not responsible (under age 14), adolescents with limited responsibility (ages 14-17), and young adults (ages 18-20). Criminal liability only applies from the age of 14. Regulatory offenses may sometimes be attributed to younger children, though educational measures are mainly emphasized, and sanctions may be addressed to legal guardians. Specific regulations are also found in school laws and child protection provisions, which vary by federal state and situation.
