Definition and Significance of Forgery of Value Stamps
Forgery of value stamps, under German criminal law, refers to the unauthorized production, alteration, or circulation of value stamps with the intention of passing them off as genuine or declaring them valid. This particularly includes the forgery of postage stamps (postal value stamps), tax stamps, tickets, tokens, or other official marks representing a certain value or payment. Forgery of value stamps is a criminal offense and is classified as both a document offense and an offense against public trust in payment and settlement systems.
Legal Foundations of Forgery of Value Stamps
German Criminal Code (StGB)
The legal basis for forgery of value stamps is found in Section 148 of the German Criminal Code (StGB). The provision covers both the counterfeiting and falsification of value stamps and thus extends the protection of documents to official signs with a value function.Text of Section 148 StGB (abridged): Whoever counterfeits or falsifies value stamps or brings such marks into circulation with the intent to deceive in legal transactions shall be punished with imprisonment of up to five years or with a fine.
Purpose of the Regulation
The protected interest of this provision is the public trust in the authenticity and genuineness of value stamps as means of payment or proof of authorization. The legislator thus ensures that citizens and businesses can rely on the validity and authenticity of value stamps.
Elements of the Offense of Forgery of Value Stamps
Objective Elements of the Offense
The objective elements of forgery of value stamps encompass the following acts:
- Counterfeiting: The complete forgery of a non-existent value stamp with the aim of presenting it as a genuine original.
- Falsification: The alteration of a genuine value stamp in such a way that it becomes a different or higher value mark.
- Circulation: The distribution or transfer of forged or falsified value stamps to third parties, which includes actual handover as well as merely making them accessible.
The following are among the relevant value stamps:
- Postal value stamps (postage stamps)
- Tax stamps (revenue stamps, seals)
- Tickets for public transportation
- other state or officially issued value stamps with payment or certification function
Subjective Elements of the Offense
At least conditional intent is required, meaning the perpetrator must know or accept that the value stamp is counterfeited or falsified and is introduced into legal transactions with intent to deceive. Negligence is not sufficient.
Intent to Deceive
The perpetrator must act with the purpose of deceiving others in legal transactions regarding the authenticity or value of the value stamp.
Penalties and Further Legal Consequences
Threat of Penalty
Section 148 StGB provides for a penalty range of up to five years’ imprisonment or a fine for forgery of value stamps. In particularly serious cases, such as when there is a significant number of forgeries or organized commission of the crime, the penalties may be higher.
Attempt and Preparation
The attempt to commit forgery of value stamps is also punishable under Section 148 (1) StGB. Preparatory acts, such as producing printing templates or other counterfeiting tools, can be punishable under certain circumstances pursuant to Section 149 StGB.
Confiscation and Destruction
Forged or falsified value stamps, printing plates, stamps, or other tools used for forgery are regularly subject to confiscation and destruction by the competent authorities.
Distinction from Other Offenses
Forgery of Documents (Section 267 StGB)
Forgery of value stamps must be distinguished from forgery of documents, which concerns the imitation or alteration of written documents. Value stamps, on the other hand, are official marks with a determined value, the counterfeiting of which constitutes a separate criminal offense.
Counterfeiting of Currency (Section 146 StGB)
The counterfeiting of means of payment (cash, coins) is separately sanctioned under Section 146 StGB. Forgery of value stamps concerns non-currency signs that possess value.
Forgery of Payment Cards (Section 152a StGB)
The forgery of payment cards with guarantee function, such as credit cards, is separately regulated in Section 152a StGB and constitutes an independent criminal offense.
Practical Relevance and Manifestations
Typical Manifestations
Forgery of value stamps most commonly occurs in the context of postage stamps and tickets. Frequently, already used stamps are ‘refreshed’ or entirely new ones are created using technical methods (printing, copying). In practice, forged value stamps are used to evade charges and fees or for illegal trading.
Relevance in Modern Payment Systems
With the decline of traditional value stamps due to digitalization (such as online tickets), the importance of value stamp forgery has decreased, though it still affects relevant areas, for instance in international postal services or concerning tax stamps.
Procedural Aspects in Criminal Proceedings
Criminal Investigation Procedures
Investigative authorities specifically target printing facilities, online platforms, and illegal marketplaces when suspecting value stamp forgery. The securing of forgery materials and analysis of distribution channels play a significant role.
Issues of Evidence and Expert Opinions
In criminal proceedings, expert technical opinions on the authenticity and forgery characteristics of value stamps are regularly obtained. Distinguishing between genuine and counterfeit stamps can be complex and requires specialized forensic analysis.
Limitation Period
The limitation period for forgery of value stamps is generally five years under Section 78 StGB, or up to ten years in particularly serious cases. The period begins to run from the completion of the criminal act.
International Aspects
Forgery of value stamps is not solely a national problem. International agreements, such as those of the Universal Postal Union (UPU) or bilateral police cooperation arrangements, also address the protection of official value stamps from forgery attempts. Cross-border investigative cooperation is becoming increasingly important in the context of global postal and payment traffic.
Literature and Further Information
- Tröndle/Fischer: Strafgesetzbuch und Nebengesetze
- Schönke/Schröder: Commentary on the StGB
- Fischer: Strafgesetzbuch
- BGHSt and further case law on forgery of value stamps
Note: This encyclopedic entry on forgery of value stamps provides a comprehensive, factual overview of the term, its legal foundations, elements of the offense, and practical aspects under German criminal law.
Frequently Asked Questions
Which legal provisions apply to the forgery of value stamps?
The criminal assessment of value stamp forgery derives primarily from German law, in particular Sections 148 and 149 of the German Criminal Code (StGB). This encompasses, in particular, the counterfeiting, falsification, and circulation of false or falsified value stamps. According to the law, the term “value stamp” includes official marks that serve as proof of payments, fees, or charges, e.g., postage stamps, tax stamps, revenue marks, or documentary stamps. The regulations cover both the manufacture and distribution of such forgeries. Additionally, depending on the circumstances, other provisions such as those regarding forgery of documents or fraud (Sections 267, 263 StGB) may apply if further legal interests are violated with the forged value stamps.
Which acts constitute forgery of value stamps in the legal sense?
German criminal law covers a variety of actions under the criminal offense of forgery of value stamps. These include, on the one hand, counterfeiting, i.e., the production of a new copy of a genuine value stamp without authorization, as well as falsification, meaning the alteration of a genuine value stamp so that it appears as another or higher value denomination. Moreover, not only the production itself is punishable, but also the introduction, acquiring, placing into circulation, and use of a forgery. Preparatory acts, such as possession of devices or raw materials for forgery, are also separately punishable under Section 149 StGB.
What penalties can be expected upon conviction for forgery of value stamps?
Upon conviction for forgery of value stamps under Section 148 StGB, the law provides for imprisonment of one year up to ten years; in less serious cases, the penalty may range from six months to five years. This range reflects the high value placed on the integrity of official documents. For preparatory offenses under Section 149 StGB, such as the manufacture or provision of forgery tools, imprisonment of up to five years or a fine is possible. In addition, secondary penalties (e.g., confiscation of instruments used in the offense) may be imposed, if applicable.
What role does the offender’s intent play in the accusation of value stamp forgery?
The law requires intent for punishability under Section 148 StGB, meaning the perpetrator must know and intend to counterfeit, falsify, or place a value stamp into circulation. Conditional intent is sufficient, i.e., the acceptance of the realization of the criminal elements. No special intention to enrich or harm is necessary for the basic offense. For preparatory acts under Section 149 StGB, it is sufficient to prove that the relevant tools are ‘intended for forging value stamps.’
Can negligent acts also be punishable?
Forgery of value stamps under Sections 148, 149 StGB is an offense that can only be committed intentionally. Negligent acts – that is, those in which the perpetrator does not recognize or intend the realization of the offense due to carelessness or insufficient diligence – are not covered by the criminal provision. A mistake regarding the genuineness of value stamps may, under certain circumstances, constitute an error excluding intent, and thus lead to acquittal, provided it cannot be proven that the person acted at least with conditional intent.
What is the significance of placing forged value stamps into circulation?
Placing into circulation is a completed act that is punishable independently of the production or forgery itself. It means making it accessible to third parties, for example by selling, giving away, or allowing use. Even mere use – for example, using a forged postage stamp when mailing a letter – is sufficient to fulfill the offense. The penalty for placing into circulation matches that for production and forgery, highlighting the legislature’s recognition of the special importance of the distribution of forged value stamps and the risk to legal transactions.
What other criminal consequences may arise in addition to the principal penalty?
In addition to the primary penalty of imprisonment or a fine, so-called secondary consequences may also occur. These include, for example, the confiscation of devices, machines, and forged value stamps used in the forgery (§§ 73 ff. StGB). In certain cases, a professional or occupational ban pursuant to Section 70 StGB may be imposed if the perpetrator has abused their professional position through the offense. Notification to the competent authorities, such as the Federal Office of Justice or the postal service, is also possible, which may result in disciplinary measures or the denial of special permissions.
