Definition and significance of document forgery
Die Document forgery constitutes a significant offence under criminal law and refers to the unlawful creation, alteration, or use of a counterfeit or falsified document for the purpose of deception. It serves in particular to protect the legal certainty of legal transactions with regard to the evidentiary value of documents. With the increasing digitization, electronic documents and evidentiary markings are also considered potentially capable of constituting documents.
Legal basis of document forgery in Germany
Criminal Code (StGB) – § 267 Document forgery
Document forgery is governed by § 267 StGB According to paragraph 1, anyone is liable to prosecution who, with intent to deceive in legal transactions:
- creates a counterfeit document,
- alters a genuine document, or
- uses a counterfeit or falsified document.
The criminal acts thus include creating, altering, and using a document.
Protected Legal Interest
The relevant protected legal interest is the trust in legal transactions in the authenticity and content of documents as evidence.
Concept and types of documents
What is a document?
A document within the meaning of criminal law is a tangible declaration of intent, which is suitable and intended as evidence and reveals its issuer.
Typical examples of documents are:
- Identity cards
- Birth certificates
- Wills
- Contracts (fixed in writing)
- Receipts and invoices
Forms of documents
A distinction is made between different forms of documents:
- Genuine document: Is a document that originates from the named issuer.
- Counterfeit document: Pretends to originate from a different person than the actual issuer.
- Falsified document: Has subsequently and unlawfully been altered in its content of intent.
Electronic documents and evidentiary markings
Electronic documents with a qualified electronic signature are also regarded as documents within the meaning of § 267 StGB. Evidentiary markings (e.g., inspection stickers) are also considered similar pieces of evidence.
Criminal acts of document forgery
1. Creating a counterfeit document
The creation of a counterfeit document occurs when a document is produced that misleads about its true issuer. A typical example is the creation of a document in the name of another person.
2. Falsifying a genuine document
A genuine document is falsified when, after its completion and without the issuer’s consent, the content is altered in such a way that it appears unchanged. Simple overwriting, adding, or removing information can constitute falsification.
3. Using a counterfeit or falsified document
Anyone who uses a counterfeit or falsified document by making it known to a third party (e.g., presents or forwards it) also makes themselves liable to prosecution, regardless of whether deception actually occurs.
Subjective elements of the offence
For criminal liability, intent is required. The offender must intend to deceive in legal transactions. Negligent forgeries are generally not punishable.
Range of punishment and legal consequences
Threat of punishment
Document forgery is punishable by imprisonment of up to five years or a fine. In particularly serious cases – for example, when committed commercially or as part of a gang – the penalty may be increased.
Attempt and completion
Even the attempt is punishable under § 267 paragraph 2 StGB. The offence is complete as soon as a counterfeit or falsified document has been created or used.
Qualified offences and related crimes
Particularly serious cases (§ 267 para. 3 StGB)
This includes in particular:
- Acting as a member of a gang
- Commercial commission
- Document forgery of a large scale
Related criminal offences
In addition to document forgery, the Criminal Code also regulates other offences related to documents, including:
- Falsification of technical records (§ 268 StGB)
- Falsification of evidence-relevant data (§ 269 StGB)
- Suppression of documents (§ 274 StGB)
- False certification in office (§ 348 StGB)
Special features of document forgery
Participation and joint offenders
Participation in document forgery as an instigator or accessory is likewise punishable according to the general rules.
Self-favouring without punishment
In certain exceptional cases, such as forgery of documents for the purpose of self-favouring in the context of property or asset offences, criminal liability may be excluded (subsidiarity).
Document forgery in the international context
Document forgery is punishable not only in Germany, but also under other legal systems and is prosecuted internationally. Especially with regard to international documents, identification papers, and business records, cross-border law enforcement is becoming increasingly important.
Civil law consequences of document forgery
In addition to criminal consequences, civil law effects can also arise. Forged documents are generally null and void and may result in claims for damages.
Relevance and prevention
Combating document forgery is of central importance for legal protection, the security of legal transactions, and trust in public and private documents. Preventive measures include tamper-proof document forms, digital signatures, and security features.
Literature and further information
- Criminal Code (StGB), § 267 ff.
- Commentary on the Criminal Code (e.g., Fischer, StGB)
- Federal Ministry of Justice – Statutes and explanations
Note: This information is provided for general understanding of the term document forgery and does not constitute legal advice.
Frequently Asked Questions
What penalties can be imposed for document forgery under German criminal law?
According to § 267 Criminal Code (StGB), document forgery is classified as a felony and can be punished by imprisonment of up to five years or by a fine. In especially serious cases – for example, if the offence is committed commercially or as a member of a gang – the penalty can increase to up to ten years of imprisonment. The penalty depends, among other things, on the extent and the motive of the offence, the individual circumstances of the offender, and the severity of the legal interest violated. In addition, a violation may result in professional consequences, such as loss of a license or bans from the profession. In certain cases, confiscation or destruction of the forged documents is also provided.
What are typical items of evidence in criminal proceedings involving document forgery?
In criminal proceedings concerning document forgery, the forged documents themselves—such as identification cards, certificates, or contracts—play a central role as evidence. In addition, expert reports from handwriting or document specialists are used to verify the authenticity of signatures or the materials and printing techniques deployed. Digital traces such as metadata, as well as witness statements—for instance, from individuals who can confirm or refute the content of the document—are also often included in the collection of evidence. In the case of digital documents, IT forensic analyses are also applied to trace the date and time of alterations.
What role does intent play in document forgery?
Intent is strictly required for criminal liability due to document forgery. This means the offender must have acted knowingly and with intent to create a counterfeit or falsified document and to use it in legal transactions as evidence. Negligence—that is, merely neglecting the necessary care without intent—is not sufficient to fulfil the offence under § 267 StGB. Since this is a so-called “intentional offence”, the courts must establish that the offender was aware of the forgery and intended to deceive in legal transactions.
Are there differences between the forgery of private and public documents?
German criminal law does not generally differentiate between the forgery of private and public documents regarding the basic offence. However, forgery of public documents—such as identification papers, tax notices, or official certificates—can lead to a higher penalty, as public trust in such documents is considered particularly worthy of protection. Statutory special provisions exist for specifically protected documents, such as § 275 StGB (forgery of health certificates) or § 276 StGB (forgery of technical records).
Is it possible to withdraw from document forgery without penalty?
According to the general provisions of criminal law (§§ 24, 31 StGB), withdrawal exempt from punishment is generally also possible in the case of document forgery, as long as the offence has not yet been completed—that is, as long as the forged document has not yet been used in legal transactions. However, if the offender has already used or presented the document for the purpose of deception, withdrawal without penalty is excluded. In rare cases, withdrawal can be considered mitigating, even after completion, if the offender voluntarily assists in clarifying the offence or actively remedies damages.
Are attempts to commit document forgery punishable?
Yes, under § 267 paragraph 2 StGB, attempts to commit document forgery are also punishable. This means that even directly beginning to commit the act—for example, starting to falsify a document—constitutes a punishable attempt, even if the forgery is not completed or the forged document is not used. Attempt is generally punished more leniently than the completed offence, but whether and to what extent a sentence is reduced is at the discretion of the court and depends on the circumstances of the individual case.
What civil law consequences can document forgery have?
In addition to criminal consequences, civil law effects may arise. The party harmed by document forgery may claim damages if the forgery caused them financial or non-material loss. In civil proceedings, a forged document may also be rejected as evidence, and its content may be declared void. Furthermore, a contract concluded using a forged document can be void or contestable due to immorality or deception, which may result in rescission or further civil law actions.
