Term and definition of machine abuse
Machine abuse is a term from criminal law that describes the unlawful operation or manipulation of machines for the purpose of obtaining financial gain or receiving a service without payment or in an unfair manner. This concerns especially machines that provide goods, services, or money. The topic covers not only criminal law, but also civil and regulatory aspects.
Machine abuse can take various forms. Typically, it refers to obtaining services by fraud or the unlawful influence of machine functions to gain a financial advantage or receive a service without paying the required fee.
Criminal classification of machine abuse
Constituent elements according to Section 265a of the German Criminal Code (StGB)
The central criminal offense in German law is Section 265a of the German Criminal Code (StGB) – “obtaining services by fraud”. This provision specifically covers the abuse of machines, such as ticket machines, parking meters, vending machines, or slot machines. The statutory provision reads:
“Anyone who fraudulently obtains the service of a machine, a public telecommunications network or carriage by a means of transport, or access to an event or facility, shall be punished by imprisonment for up to one year or a fine.”
Fraudulent acquisition of service
According to case law, “fraudulently obtaining” encompasses any action by which technical or organizational devices are bypassed or manipulated without paying the required fee. Examples include blocking coin validators, using manipulation tools, inserting counterfeit coins, or entering button combinations that trigger a free release of services.
Actus reus
It is required that the service is “obtained by fraudulent means”, i.e., acquired through a dishonest method that the machine’s operator would have recognized and prevented if aware.
Subjective element of the offense
The perpetrator must act intentionally, meaning they must know that their conduct is circumventing the payment requirement and intend to benefit as a result.
Penalty
Depending on the severity of the crime, the individual faces imprisonment of up to one year or a fine. Attempts are also punishable under Section 265a (2) StGB.
Distinction from other offenses
Fraud (Section 263 StGB)
Abuse of machines may, under certain circumstances, also fulfill the elements of fraud (Section 263 StGB), particularly if the machine is tricked beyond mere technical manipulation to the point that deception occurs. However, the legislator provides a more specific regulation with Section 265a StGB, so this offense typically takes precedence.
Criminal damage (Section 303 StGB)
If the manipulation leads to damage or destruction of the machine, liability for criminal damage under Section 303 StGB may also be considered.
Theft (Section 242 StGB)
If cash or goods are physically taken from the machine through abuse, theft may also be present. However, it is decisive that the machine must be considered the “holder of possession”.
Attempt and completion
Even the attempt to fraudulently obtain a service is punishable under Section 265a (2) StGB. Completion occurs as soon as the service is obtained through the abusive conduct.
Civil aspects of machine abuse
Damages and reversal
The operator of the affected machine usually suffers financial losses due to abuse. Under Section 823 (2) of the German Civil Code (BGB) in conjunction with the protective law of Section 265a StGB, a claim for damages may exist. A contract between the operator and the user of the machine is generally not validly concluded due to circumvention or manipulation, so claims for unjust enrichment (Section 812 BGB) can also be asserted.
Contractual relationship and performance of service
A contract in the classic sense requires that the machine is operated properly and the corresponding consideration is provided. If the service is obtained through manipulation and deception, the contract is usually void pursuant to Section 134 BGB due to a violation of law.
Regulatory classification under administrative law
Not every improper use of a machine fulfills the elements of a criminal offense. In less serious cases, the conduct may be penalized as a regulatory offense. Municipal by-laws or specific commercial regulations must be taken into account.
Machine abuse in case law
Courts regularly deal with various types of machine abuse. Decisive for the judgment is always whether the conduct can be classified as “fraudulent obtaining” within the meaning of Section 265a StGB. There are differences in individual cases, such as technical malfunctions, unintentional misuse, or use of generally accessible control functions.
Courts consistently emphasize the need for behavior similar to deception, which is suitable to bypass the organizational or technical safeguards of the machine. If, however, the machine is operated with the intended means, the element of “fraudulent obtaining” is usually missing.
Practical examples of machine abuse
Common scenarios of abuse include:
- Blocking coin return slots to steal revenue
- The use of counterfeit money or manipulated coins in vending or cash machines
- Manipulation of slot machines to trigger profitable malfunctions
- Bypassing ticket machines, for example by using invalid or repeatedly used tickets
Prevention measures and sanctions
In addition to criminal prosecution, operators use technical security mechanisms such as advanced coin validators, camera systems, alarm systems, or software that detects manipulation. Preventative measures in the form of warning notices and user terms are also frequently employed.
International comparison
The phenomenon of machine abuse is addressed in almost all industrialized countries, though the legal framework varies. There is a common focus on protecting operators’ interests and property through standardized offenses targeting the circumvention of security systems or abuse.
Summary
Machine abuse is a significant concept in criminal and civil law with considerable practical importance. The legal assessment is based particularly on Section 265a StGB, supplemented by civil claims for damages and, depending on circumstances, regulatory law and additional criminal offenses. The distinction from fraud, criminal damage, or theft can be decisive for sanctions in individual cases. Advances in technology require ongoing adaptation of controls and legal evaluations.
Frequently asked questions
How is machine abuse classified under the law?
Machine abuse is treated by German criminal law as a special form of fraud (Section 263 StGB) or unauthorized data processing (Section 263a StGB, computer fraud). The focus is on exploiting technical vulnerabilities in a machine, such as cash, ticket, or vending machines, to unlawfully obtain a financial benefit or cause financial harm to the operator. The law considers manipulative actions both to the hardware (e.g., short-circuiting circuits, inserting foreign objects or counterfeit coins) and to the software (e.g., entering fraudulent codes). As a rule, liability requires a deceptive act or manipulation that can cause material or immaterial harm to the machine operator. The classification depends heavily on the specific circumstances of each case and the technical implementation.
Which criminal offenses are relevant in cases of machine abuse?
In cases of machine abuse, the primary relevant offenses are fraud (Section 263 StGB) and computer fraud (Section 263a StGB). If the machine is configured so that there is little or no human oversight over transactions, deceiving the machine can already meet the elements of computer fraud. Additionally, targeted manipulation may qualify as criminal damage (Section 303 StGB) or, in the case of causing a defect, as attempted theft (Section 242 StGB). If special technical devices are used specifically for committing such crimes, a penalty under Section 263a (3) StGB for creating, procuring, or using such devices may also apply.
What are the potential criminal consequences of machine abuse?
The criminal consequences depend on the specific offense. “Simple” fraud can be punished by imprisonment of up to five years or a fine. In especially serious cases, such as commercial machine abuse or offenses committed by criminal organizations, the prison sentence can be much higher (up to ten years under Section 263 (3) StGB). Computer fraud carries the same penalties. Additional consequences may include claims for damages and restitution from the victim, confiscation of tools used in the offense, and recourse claims by the machine manufacturer or insurer. For juvenile offenders, different criminal measures under the Juvenile Court Act (JGG) may apply.
Is an attempt to abuse a machine also punishable?
Yes, even the attempt to abuse a machine is generally punishable. German criminal law not only penalizes completed but also attempted offenses, especially for fraud (Section 263 (2) StGB) and computer fraud (Section 263a (2) StGB). The prerequisite is that the perpetrator has already taken steps intended to complete the offense, even if the actual success, such as obtaining cash or services, has not yet occurred. The penalty may be lower for an attempt, but this depends on the specific circumstances and the perpetrator’s contribution. In individual cases, the court decides how serious the attempted intervention is.
Who is liable in civil law for damages caused by machine abuse?
In civil law, the perpetrator is primarily liable for all damages resulting from machine abuse. This includes both direct financial losses suffered by the machine operator and, where applicable, consequential damages due to business interruption, repair, or replacement of the machine. The injured operator can assert claims for damages and, where appropriate, for injunctive relief against the perpetrator. Additionally, recourse to insurance or claims against third parties can be legally reviewed, for example in cases of negligence by maintenance companies who failed their duty of care in securing and regularly maintaining the machine.
What role does evidence play in criminal proceedings involving machine abuse?
Evidence plays a central role in the legal context of machine abuse. The most important evidence includes video recordings from surveillance cameras, electronic logs of the machine, seized tools, expert reports on the type of manipulation, and statements from witnesses or employees. Particularly significant is the technical evaluation of the affected machine, which can be used to trace how the manipulation was carried out. Expert reports are often required to present the machine’s operating principles or the manipulation techniques in court-proof detail. The quality and completeness of the evidence have a substantial impact on how law enforcement authorities and courts assess the incident.
Are there statutes of limitations for machine abuse?
Yes, normal limitation periods for criminal offenses under German law apply to machine abuse. Simple fraudulent conduct (Section 263 StGB) or computer fraud (Section 263a StGB) generally become statute-barred after five years (Section 78 (3) No. 4 StGB). If aggravating factors such as serious fraud are present, the limitation period can be extended to ten years. The commencement of the limitation period depends on the time the offense was committed or completed. For civil law claims, such as those for damages, a period of three years (Section 195 BGB) usually applies. This begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim.
