Misuse of identification documents
Der Misuse of identification documents constitutes a criminal offense that, under German law, is particularly relevant in connection with the unauthorized use, alteration, or improper use of official identification documents such as identity cards, passports, or comparable forms of identification. The legal term covers both the unauthorized use of one’s own or another person’s identification documents as well as the presentation of forged or altered documents in legal transactions.
Legal basis for the misuse of identification documents
Criminal Code (StGB)
The core criminal law provision is § 281 StGB, which Misuse of identification documents explicitly regulates the misuse. Accordingly, anyone who uses an identity document issued to another person to deceive in legal transactions is liable to prosecution. The provision protects the security and reliability of the documentation system.Wording of § 281 StGB (in excerpts):
“(1) Anyone who uses an identity document issued to another person for the purpose of deception in legal transactions shall be punished with up to one year of imprisonment or a monetary fine.”
>
“(2) The attempt is punishable.”
In addition to § 281 StGB, other provisions may be relevant, such as forgery of documents (§ 267 StGB), indirect false certification (§ 271 StGB), the Residence Act (§ 95 AufenthG), or special laws governing passports and identity cards.
Identification documents within the meaning of the law
According to § 281 paragraph 3 StGB, the identification documents protected by law include, in particular:
- Identity card
- Passport
- Temporary identity card
- Residence permits or documents
- Other official identity cards (such as service IDs, special cards under state law)
According to recent case law, electronic documents may also be covered, provided they are officially used as proof of identity in legal transactions.
Typical acts and elements of the offense
Use of another person’s identification document
The typical form of commission is the use of an ID issued to another person in order to pass this identity off as one’s own, thereby gaining an advantage or evading an obligation in legal transactions.
Use of one’s own identification document for a third party
Providing one’s own ID to another person with the intent that the other person will use it to present a false identity in legal transactions is also a relevant scenario under the misuse provision.
Attempt and completion
The mere attempt to use another person’s identification document for deception is punishable under § 281 paragraph 2 StGB. For completion, the actual use in a deceitful context suffices; an actual outcome, such as concluding a contract, is not required.
Distinction from document forgery
The misuse of identification documents fundamentally differs from document forgery (§ 267 StGB). While misuse concerns the use of genuine, but someone else’s or unlawfully provided IDs, document forgery focuses on the creation, alteration, or use of fake or falsified documents.Illustrative distinction:
- If a genuine ID, but issued to another person, is presented, it constitutes misuse.
- However, if an ID is forged or its content is altered, this constitutes document forgery.
Special manifestations and practical relevance
Identity theft and fraud scenarios
Misuse of identification documents is often associated with other offenses such as identity theft, fraud, or obtaining benefits by deception. The presentation of someone else’s ID is often used to open bank accounts, conclude contracts, or fraudulently obtain government benefits.
Use in immigration law and upon entry
Misuse of identification documents also plays a central role in the context of entry requirements and immigration law checks. Here, in addition to § 281 StGB, provisions under the Residence Act (AufenthG) regularly apply.
Procedural aspects and sanctions
Penalties and legal consequences
Misuse of identification documents is punishable by a fine or imprisonment of up to one year. Offenders may also face additional consequences such as entries in the Federal Central Register or the loss of benefits obtained (e.g., through reversal of a contract).
Prosecution and proceedings
The prosecution of this offense is generally carried out ex officio. During investigations, authorities often secure the attempt or preparatory actions (e.g., possession of another person’s IDs) and use them as evidence in criminal proceedings.
Distinctions, particularities, and international aspects
Principle of legality and exceptions
There are legally defined exceptions in which the use of another person’s identification documents—especially with the holder’s consent and without intent to deceive—does not constitute the offense. The decisive factor is always whether a deception in legal transactions is intended.
International regulations
At the international level as well, for instance within the framework of the Schengen Agreement or European cooperation, regulations on the handling of identification documents are being harmonized and the prosecution of comparable offenses is secured across borders.
Summary
Der Misuse of identification documents is a distinct criminal offense that punishes the abusive use of genuine but foreign official identification documents for the purpose of identity deception in legal transactions. The statutory regulation particularly protects trust in identification documents and forms a fundamental basis for the integrity of official and private legal relations in Germany. The liability under the law includes both intentional use and attempts. In practice, misuse is closely intertwined with other offenses such as fraud, identity theft, or document forgery and is gaining increasing significance, particularly in the digital and international context.
Frequently asked questions
What legal consequences may arise from misuse of identification documents?
In Germany, the misuse of identification documents is a criminal offense under § 281 of the Criminal Code (StGB). Anyone who uses a genuine identification document issued to another person for the purpose of deception in legal transactions, or who hands it over to a third party, is liable to prosecution. Legal consequences range from fines to imprisonment of up to one year, or even longer if further offenses such as fraud or document forgery are involved. In particular, attempts and assistance are also prosecuted under criminal law. Moreover, misuse of identification documents may also trigger administrative sanctions, such as refusal of applications to authorities, as well as civil claims for damages. In especially serious cases, for example when the misuse occurs within an organized group, harsher penalties may be imposed under further provisions of the Criminal Code.
How does the law define “misuse of identification documents” in the narrower sense?
The legal term “misuse of identification documents” as understood in German criminal law refers to the use of genuine official documents, such as identity cards or passports, that have been issued to another person, in order to unlawfully present oneself as that person. The prerequisite is always deception in legal transactions, for example with authorities, banks, landlords, or other contracting parties. Under § 281 StGB, not only active personal use but also the handing over to third parties is punishable. The provision protects the security and reliability of identification and, by extension, the public interest in functioning personal status documents.
In what situations can misuse of identification documents become criminally relevant?
Misuse can occur and be punishable in numerous everyday situations. Common cases include presenting another person’s ID during police checks, obtaining banking services by deception, renting apartments or vehicles under a false name, or attempting to obtain state benefits to which one is not entitled. Even in job applications, contract conclusions, or when using digital identification processes, the mere attempt to use another person’s document as one’s own may constitute a criminal offense. It is essential that an unlawful advantage or deception of third parties is always pursued.
How does misuse of identification documents differ from document forgery?
The key difference is that in cases of misuse, genuine documents issued by authorities are used which merely belong to another person. In contrast, document forgery under § 267 StGB requires that a document is falsified or a forged ID is produced. While document forgery also covers the furnishing of false data or the creation of complete forgeries, misuse remains limited to deceiving using a genuine but non-personal document. Both actions may, however, overlap, for example, if an ID is first forged and then misused.
What other criminal offenses can be fulfilled when misusing identification documents?
In addition to § 281 StGB, other criminal offenses may also apply depending on the case, e.g., fraud (§ 263 StGB) if financial advantage is obtained through misuse, and document forgery (§ 267 StGB) if forged documents are involved. Violations of the Residence Act may also be relevant, for example when foreigners falsely identify themselves with someone else’s papers, or violations of the Social Code if benefits are obtained through deception. In serious cases, gang-related offenses under § 129 StGB (“formation of criminal organizations”) may also occur.
What role does intent play in the misuse of identification documents?
In criminal law, intent is a key requirement for criminal liability. For misuse of identification documents, conditional intent is sufficient; the perpetrator must know and intend (or at least willingly accept) that using the foreign or falsely issued document constitutes deception. Negligence, such as mere accidental swapping of IDs without intent to deceive, is not punishable. Evidence concerning intent is generally based on the circumstances of each act.
Are there special criminal law provisions for juveniles or young adults for the misuse of identification documents?
If the misuse of identification documents is committed by juveniles or young adults, the special provisions of the Juvenile Court Act (JGG) apply. This means that actual imprisonment is not imposed in the strict sense, but rather educational measures, disciplinary sanctions, or juvenile detention. Sanctioning depends greatly on the individual’s maturity and the circumstances of the act, so that educational aspects play a greater role than for adults. In special cases, however, young adults aged 18 to 21 may be tried under adult criminal law if the offense is deemed “adult-like.”
What preventive measures can be taken to prevent the misuse of identification documents?
From a legal perspective, security mechanisms during the issuance and control of identification documents are crucial. Authorities are required to issue IDs only after careful verification of identity. Banks, companies, and other parties obliged to verify identity must use modern screening methods such as biometric procedures, holograms, and electronic ID functions, and must conduct further checks in cases of doubt. Private individuals have a duty of care regarding their own IDs to prevent loss or theft; failure to do so may result in civil liability in the event of damage.
