Concept and Definition of Marriage Fraud
The term marriage fraud refers to a fraudulent act in which a person only pretends to have a genuine interest in marriage in order to obtain financial advantages from the deceived person. The actual intention to marry is not the focus; rather, it is the deliberate exploitation of the victim’s emotional attachment with the aim of gaining assets. Marriage fraud is of considerable relevance both socially and legally, and is subject to various legal regulations under German and European law.
Historical Development
The nature of marriage fraud has developed historically and is found in sources from as early as the 19th century. Originally, it was relevant in the context of marriage agencies and societal notions of marriage and partnership. With the rise of digitalization, the phenomenon has increasingly shifted into the digital realm, particularly on online dating platforms. In this context, the term ‘romance scamming’ is also often used.
Legal Classification
Criminal Law Relevance
Fraud according to § 263 German Criminal Code (StGB)
Marriage fraud regularly fulfills the criminal offense of fraud according to § 263 of the Criminal Code (StGB). This is a property offense that requires deception about facts and the resulting disposition of assets by the victim. It is typical for the perpetrator to feign intent to marry, followed by a transfer of assets — such as monetary gifts, transfer of valuables, or granting of loans.
Elements of the Offense of Fraud:
- Deceptive act: Pretending to have genuine intentions to marry
- Causing misconception in the victim: The victim believes in the prospect of a real relationship
- Disposition of assets: The victim renders benefits, such as money or valuables
- Asset loss: The victim’s assets are damaged
- Intent of the perpetrator: Deliberate intention to deceive the victim and enrich oneself
Further Aspects under Criminal Law
In addition to fraud, other criminal offenses can be committed depending on how the act is carried out, such as coercion, extortion, or exploitation of particular vulnerability of the victim (§ 225 StGB – Abuse of Those in Need of Protection; § 240 StGB – Coercion), if force or means of pressure are used.
Civil Law Implications
Claim for Restitution of Provided Benefits (Condictio)
The victim may, based on the provisions on unjust enrichment (§§ 812 et seq. BGB), in principle, reclaim benefits that have already been made. The prerequisite is that the provision was made without legal grounds, as the promised marriage was never seriously intended.
Challenge on the Grounds of Fraudulent Misrepresentation
An engagement or marriage entered into as a result of marriage fraud can be challenged if the spouse or fiancé was fraudulently deceived at the time of the contract (e.g., at the wedding) (§ 123 BGB). The challenge leads to the dissolution of the marriage or promise of marriage with the usual civil law consequences.
Claims for Damages
In addition to reclaiming benefits rendered, the victim can also sue for compensation for damages resulting from the deception (§ 823 para. 2 BGB in conjunction with § 263 StGB).
Procedural Enforcement and Burden of Proof
Prosecution of marriage fraud usually requires a criminal complaint by the victim, as it is typically an offense prosecuted upon request. The burden of proof regarding the deception and its effects initially lies with the victim or the prosecuting authority. Documentation of communications, evidence of financial transfers, and witness statements are essential for enforcing claims.
Jurisdiction and International Law
In cross-border cases, such as when the perpetrator operates from abroad, both German criminal law and international criminal and civil law are relevant. Rules on international legal assistance and European agreements apply here.
Preventive Measures and Victim Support
Various non-governmental organizations as well as official counseling centers offer support for victims of marriage fraud. Prevention initiatives inform about typical methods and provide tips on self-protection, especially in the area of digital communication.
Classification in the International Context
Approaches to combatting marriage fraud are also regulated criminally and civilly in other European and international legal systems. The specific design of the provisions can vary; however, the basic offense of fraud or similar crimes is often applied. Organized forms of marriage fraud are pursued by international law enforcement agencies.
Literature and Further Sources
- Criminal Code (StGB)
- Civil Code (BGB)
- Federal Ministry of Justice, Guides for Victims of Internet Crime
- European Cybercrime Centre (Europol)
Summary: Marriage fraud is a criminally and civilly relevant behavior characterized by deception about marital intentions and subsequent financial losses. The legal assessment is mainly based on the elements of fraud, civil claims for restitution and compensation, and certain applicable international standards. For victims, there are numerous options for legal recourse and support.
Frequently Asked Questions
What legal steps can victims of marriage fraud take?
Victims of marriage fraud have several legal options to take action against the perpetrators. First, a criminal complaint for fraud (§ 263 StGB) can be filed, as marriage fraud generally involves deception about genuine intentions to marry with the aim of gaining assets. It is advisable to secure all evidence — such as messages, emails, transfer receipts or witnesses — and submit them to the police. After the investigation is initiated, the public prosecutor’s office examines whether there is sufficient suspicion for an indictment. At the same time, civil claims can be asserted, especially the restitution of payments made pursuant to §§ 812 et seq. BGB (unjust enrichment). It is recommended to consult a lawyer for criminal or civil law to assess the prospects of success and determine the further course of action, as the burden of proof can be complex. It should also be noted that in criminal proceedings, it is possible to file an ancillary claim (§ 403 StPO) to assert financial claims within the criminal proceedings, thus avoiding renewed litigation in civil court.
What role do pieces of evidence play in criminal proceedings involving marriage fraud?
Evidence is of central importance in criminal proceedings against a marriage fraudster. The public prosecutor must be able to prove the fraud convincingly, which requires comprehensive evidence. This includes, in particular, all means of communication that document the fraudulent act, such as written promises, emails, chat histories, letters, or gifts accompanied by encouraging marriage vows. Bank transfers and other financial transactions that can be proven to have been made in reliance on the feigned intention to marry are considered important indications. Witness statements from friends, family members, or acquaintances to whom the perpetrator revealed his intentions or the victim confided can also contribute to the evidence. Without sufficient evidence, the proceedings risk being discontinued for lack of proof, as in criminal law the principle ‘In dubio pro reo’ applies.
Can a promise of marriage serve as a basis for claims for damages?
A mere promise of marriage without an actual marriage does not generally create any legal entitlements to damages, as German law, under § 1297 para. 2 BGB, prohibits the enforceability of a promise to marry. However, in special circumstances, such as where the marriage promise was made fraudulently, claims for damages arising from a tort (§ 823 BGB) or due to intentional immoral damage (§ 826 BGB) may be considered. Similarly, recovery of unlawfully obtained assets may be demanded under the provisions on unjust enrichment (§§ 812 et seq. BGB) if the perpetrator acquired the assets through deception or threats. Therefore, in each case, it must be closely examined which civil law claims may arise in connection with marriage fraud.
Is the claim for repayment in marriage fraud subject to a statute of limitations?
Yes, the civil law claim for repayment of amounts paid in connection with marriage fraud is governed by the regular limitation period under § 195 BGB, which is three years and commences at the end of the year in which the victim became aware of the claim and the identity of the debtor. In cases where the fraud is discovered later, the start of the limitation period is postponed accordingly, allowing the victim to assert claims even years after the actual offense. For criminal claims — i.e., prosecution itself — a limitation period of five years applies for fraud (§ 78 StGB). For asserting claims such as compensation for pain and suffering or the return of gifts, separate deadlines and requirements must be observed, so legal advice is recommended.
Can a lawsuit be filed against a marriage fraudster living abroad?
The enforcement of claims against a perpetrator living abroad is legally possible, but often entails significant difficulties. In criminal law, prosecution depends on whether international cooperation exists, which requires an extradition or legal assistance treaty between Germany and the respective state. Nevertheless, a complaint can be filed, as many countries cooperate, especially within the European Union and among Schengen Agreement members. Civil claims generally require knowledge of the perpetrator’s whereabouts and financial circumstances. Creditors must comply with foreign service, court, and recognition procedures, as German judgments are often enforceable abroad only after recognition. Legal advice is strongly recommended here, ideally from a law firm specializing in international law.
What special features apply if the perpetrator has used forged identities?
If the perpetrator in marriage fraud operated under a false identity, this makes both criminal prosecution and the enforcement of civil claims considerably more difficult. For a successful case, the true identity of the perpetrator must be uncovered, which is often only possible through police investigation. Only after the identification can criminal proceedings be initiated or civil claims asserted. Victims must therefore work closely with law enforcement authorities and provide any information that may contribute to identification. In the digital sphere, it can also be useful to engage specialized IT forensic experts. If the deception involves the use of forged documents, in addition to fraud, the perpetrator also faces penalties for document forgery (§ 267 StGB). Money transfers conducted anonymously or under false names further complicate the recovery of assets.
What support options are available for victims of marriage fraud?
In addition to filing a police report and obtaining legal advice, victims of marriage fraud can find support from victim assistance organizations such as Weisser Ring. These offer initial legal counseling, psychosocial support, and assistance in documenting the case. There are also specialized lawyers and advisory centers that can point out both criminal and civil legal options and assist in asserting claims. Reporting to the police is the first step in initiating proceedings; if the perpetrator’s identity is unknown, law enforcement agencies will take over the search. In especially complex cases, such as with internationally operating perpetrator groups, the police cooperate with Europol. Victims should be fully aware of their rights and not hesitate to seek professional assistance to enforce their entitlements to the fullest extent possible.
