Definition and Importance of Falsification of Civil Status
Falsification of civil status is a criminal offense under German criminal law that penalizes the unlawful creation, falsification, or use of incorrect information regarding a person’s civil status. The term “civil status” refers to facts related to personality rights such as birth, marriage, civil partnership, death, as well as various name and family relationships, all of which are entered in the civil status register. Falsification of civil status serves to protect the public interest in the accuracy and reliability of these registry entries and documents.
Legal Provisions Regarding Falsification of Civil Status
Criminal Legal Provisions
In Germany, falsification of civil status is regulated in Section 169 of the German Criminal Code (StGB). The legal provision reads as follows:
“Whoever causes the certification of a person’s civil status by means of false information, by suppressing, falsifying or destroying the basis of certification or certifications, or uses such a certification, shall be punished with imprisonment of up to two years or with a fine.”
Protected Legal Interests
The primary legal interest protected by Section 169 StGB is the functionality of the civil status register and the assurance of the identity and legal position of individuals in society. Secondarily, the interests of the directly affected person, their family members, third parties, and the public trust in civil status documents are also protected.
Elements of Falsification of Civil Status
False Information and Actions
The offense requires that the perpetrator influences the civil status through the following actions:
- False Information: Deliberately false statements regarding identification data, status, or other facts relevant to civil status (e.g. false name, fabricated parentage).
- Suppressing, Falsifying, or Destroying the Basis of Certification or Certifications: Destruction, alteration, or removal of documents or entries as well as their underlying records (e.g. birth certificate, death certificate).
- Causing or Using: The perpetrator must either cause the certification of civil status in an incorrect manner or use an already falsified/incorrect civil status certificate.
Subjective Elements
Falsification of civil status is an intentional offense. The perpetrator must act knowingly and willfully, i.e., they must recognize the incorrectness of the information or document and intend to have the civil status wrongly certified or used as such.
Result and Completion
The criminal offense is complete as soon as the action results in the entry or issuance of an incorrect civil status certificate or such a certificate is used, regardless of whether damage actually occurs.
Forms and Examples of Falsification of Civil Status
Falsification of civil status can occur in various situations. Typical cases include:
- Obtaining a False Identity by presenting forged documents to the civil registry office.
- Pretending a Birth or Deathin order to obtain financial or other advantages.
- False Statements Regarding Parentage or Marital Status during registration in the civil status register.
- Use of Forged Birth, Marriage, or Death Certificates at authorities or in legal transactions.
Distinction from Other Criminal Offenses
Forgery of Documents (§ 267 StGB)
A distinction must be made with document forgery, as both offenses often occur together. While falsification of civil status concerns the certification of civil status, Section 267 StGB refers to the general creation of false or forged documents. The acts may overlap, particularly when forged civil status certificates are used to deceive.
False Statutory Declaration and False Statement to an Authority
In some cases, in addition to Section 169 StGB, other criminal offenses may also apply, such as making a false statutory declaration (§ 156 StGB), false affirmation in lieu of oath (§ 163 StGB), false statements to authorities (§ 138 OWiG, § 153 StGB), or fraud (§ 263 StGB).
Procedural Particularities
Prosecution and Reporting
Falsification of civil status is generally prosecuted ex officio (official offense). As soon as authorities become aware of a possible offense, they are obliged to initiate investigations.
Limitation Period
The statute of limitation for the criminal offense of falsification of civil status is five years according to Section 78 paragraph 3 no. 5 StGB.
Attempted Falsification of Civil Status
An attempt to falsify civil status is not expressly punishable and is therefore without penalty, unless other offenses have already been realized.
Falsification of Civil Status in the International Context
Other countries also have criminal offenses that provide comparable protection, for example when registering births, marriages, or deaths in official registers. International cooperation in prosecuting these offenses is particularly important in cross-border situations, such as forgery of documents to obtain a residence permit.
Sanctions and Legal Consequences
The legal consequence of a conviction for falsification of civil status is imprisonment of up to two years or a fine. If other offenses are committed at the same time, a higher sentence may also be imposed.
A final conviction may have not only criminal but also administrative consequences, especially the revocation or invalidation of affected civil status documents and register entries.
Importance for Civil Registry Offices and Authorities
Civil registry offices are obliged under the Civil Status Act (PStG) to carefully verify all entries in the civil status registers and to report any suspicions of forgery to law enforcement authorities. Regular training and computer-assisted audit procedures are intended to make manipulations more difficult and to uncover them.
References
- Fischer, Thomas: German Criminal Code and Related Laws. Commentary, Munich 2024.
- Tröndle/Fischer: German Criminal Code with Related Laws. Commentary, Munich 2024.
- Civil Status Act (PStG). Federal Ministry of Justice.
Weblinks
- § 169 StGB – Falsification of Civil Status (gesetze-im-internet.de)
- Civil Status Act (PStG) (gesetze-im-internet.de)
This article provides a comprehensive overview of falsification of civil status, explains the legal foundations, examines typical constellations of cases, and distinguishes it from other criminal offenses.
Frequently Asked Questions
Which statutory provisions govern falsification of civil status in Germany?
Falsification of civil status is expressly regulated in the Criminal Code (StGB). According to Section 169 StGB, anyone who falsely certifies or has certified the civil status of a person as genuine is liable to prosecution. Furthermore, Section 271 StGB (Indirect False Certification) may be relevant if the deception consists of using false statements to induce public authorities to issue incorrect documents. Section 267 StGB (Forgery of Documents) also applies if manipulation of information also constitutes document-related offenses. These legal provisions complement each other and provide comprehensive protection for the security and legal clarity of civil status entries and their special significance in legal transactions.
How does the law define “civil status” in the context of falsification?
The term “civil status” is clearly defined in law and generally refers to the legally specified personal facts such as birth, marriage, establishment of a civil partnership, divorce, death, and similar family or personal changes. Certification takes place in so-called civil status registers, which are maintained by registry offices. Manipulation or incorrect entries in these registers, whether by deliberate false reporting or deception of the registry office, are especially serious because civil status forms the basis for further legal consequences (for example in inheritance law, family law, or immigration law).
What actions can be prosecuted as falsification of civil status?
Actions particularly considered as falsification of civil status include making false or forged entries about births, marriages, civil partnerships, or deaths, or using such forged documents. Examples are entering a false father on a birth certificate, stating a false identity in a marriage, or simulating the death of a living person by presenting forged death certificates. Also included is influencing officials to obtain false entries in civil status registers. What matters most is deliberate and purposeful conduct to alter or falsify officially registered civil status.
What penalties may result from a conviction for falsification of civil status?
The penalty under Section 169 StGB extends to up to three years in prison or a fine. If the crime is committed jointly or for commercial purposes, aggravating circumstances may result in a higher sentence. In particularly serious cases, for example where document forgery under Section 267 StGB or indirect false certification under Section 271 StGB is also committed, the penalties can be applied cumulatively. In certain situations, additional consequences such as occupational bans or entries in the certificate of conduct may also apply if the crime is particularly significant.
In which situations does falsification of civil status most frequently occur in practice?
Relevant situations in practice often involve immigration and foreign affairs, for example to obtain a residence permit through sham marriages or parental acknowledgements without an actual parent-child relationship. Falsification of civil status also plays a role in inheritance law, for instance if a false heir is to be entered. Other relevant scenarios arise in insurance cases (such as life insurance), identity changes to conceal previous convictions or debts, as well as in adoptions and name changes, where false statements are made to the registry official.
Can falsification of civil status also be committed by negligence?
Liability for falsification of civil status generally requires intentional conduct. Negligence, i.e. causing a forgery by neglecting the required care without intent, is not punishable under Section 169 StGB. Only the intentional and knowing creation or procurement of a false certification or entry can be sanctioned under criminal law. However, negligently incorrect entries may lead to disciplinary or professional consequences for the involved officials.
Which persons involved can be held liable for falsification of civil status?
Not only the direct perpetrator, such as the one who makes false statements, can be held criminally responsible. Other participants—inciters, accessories, or co-perpetrators (for example intermediaries, witnesses, or registry officials who knowingly participate in the false certification)—are also criminally liable. Participation and responsibility are assessed according to the general principles of criminal law (Sections 25-27 StGB). In particular, there are special sanctions for public officials in the case of official offenses, such as under Section 348 StGB (False Certification in Office).
