Suppression and Destruction of Documents under German Criminal Law
Definition of Suppression and Destruction of Documents
In German criminal law, suppression and destruction of documents are criminal offenses concerned with the unauthorized handling of documents. Both offenses are mainly regulated by Section 274 of the German Criminal Code (StGB) and are classified as so-called document offenses. The central element is the impairment of the evidentiary value of documents, technical recordings, or data intended or suitable as evidence.
Statutory Regulation: § 274 StGB
Section 274 StGB (Suppression of Documents) prohibits the destruction, damage, or suppression of documents, technical recordings, or evidentiary data. The wording of the law excerpted states:
“Whoever […] destroys, damages, or suppresses a genuine document, which does not belong exclusively to him or her, or a technical recording […], in order to gain an advantage for himself or another or to cause a disadvantage to another, shall […] be punished.”
Elements of the Suppression of Documents
1. Object of the Offense: Document, Technical Recording, Evidentiary Data
The object of the offense must be a document, a technical recording (Section 268 (2) StGB), or a data set (Section 269 StGB) intended to be used as evidence in legal dealings.
- Document: Any materialized statement of thought that identifies a person or a situation and is suitable for use as evidence in legal dealings, such as contracts, certificates, official attestations.
- Technical Recording: Representations that are produced mechanically or electronically without human involvement and are suitable for evidentiary purposes, e.g. control strips from measuring devices.
- Evidential Data: Electronically stored, evidence-relevant information.
2. Perpetrator: Not the Exclusively Entitled Owner
The offense can only be committed if the document “does not belong exclusively to the perpetrator.” Someone who is the sole holder of all rights to a document cannot suppress or destroy it within the meaning of Section 274 StGB.
3. Acts of Commission
- Destruction: Complete elimination of the existence of the document.
- Damage: Significant, though not necessarily total, impairment of evidentiary function (e.g. rendering illegible, removing parts).
- Suppression: Withholding or concealing, so that the entitled person cannot make use of the document (e.g. hiding it in an inaccessible place).
4. Subjective Element: Intent to Gain Advantage/Impose Disadvantage
A prerequisite is acting with the intent “to cause another a disadvantage or to gain an advantage for oneself or a third party.” Conditional intent (dolus eventualis) is sufficient; the perpetrator must accept the possibility of a disadvantage.
Distinction from Related Criminal Offenses
1. Forgery of Documents (§ 267 StGB)
In contrast to suppression of documents, forgery of documents involves producing, falsifying, or circulating a false document. However, both offenses may occur together.
2. Theft and Embezzlement
The unauthorized removal of a document can, under certain circumstances, fulfill not only the elements of theft and embezzlement but also those of suppression of documents, provided the document is withheld or rendered unusable.
3. Fraud (§ 263 StGB)
Suppression of documents often occurs in the context of fraud, when the withholding or destruction of a document is intended to generate informational or pecuniary advantages.
Sentencing Range, Determination of Sentence and Attempt
The penalty for suppression of documents is imprisonment for up to five years or a fine. Attempted offenses are expressly punishable (§ 274 (2) StGB). The sentence is determined by the seriousness of the act, the consequences, and the intensity of the advantage or disadvantage sought.
Protected Legal Interest
Section 274 StGB primarily protects the security and reliability of evidentiary transactions in legal life. Regardless of actual damage, general trust in the regularity and availability of legally relevant documents is at the heart of criminal law protection.
Special Case Scenarios and Practical Examples
- Internal Business Context: Destroying payroll records before salary disputes, suppression of receipts in accounting procedures.
- Civil Law Disputes: Withholding wills to obscure inheritance claims.
- Proceedings in Public Service: Removing or rendering files unusable in administrative or court proceedings.
Case Law and Interpretation by Courts
The case law of the Federal Court of Justice (BGH) and higher courts has clarified the elements of the act and the criterion of non-exclusive document possession. Judgments show a clear pattern: permanently removing a document from the access of the entitled person is sufficient; damage does not have to be completely destructive but must eliminate relevant evidentiary content.
Relation to Data Protection and Digital Documents
Since the inclusion of electronic data and records in the scope of the offense (§ 274 (1) nos. 2 & 3 StGB), the protection also covers digital documents and data carriers, provided they serve an evidentiary function. However, the distinction between mere deletion of data and relevant destruction of documents is often the subject of judicial scrutiny.
Limitation Period for Suppression of Documents
The statute of limitations for prosecution is generally five years (§ 78 (3) no. 4 StGB), with the start and interruption of the limitation period depending on the time and knowledge of the offense.
Legal Significance in Civil and Administrative Law
In addition to its criminal relevance, suppression of documents can also have civil and administrative law consequences, for example as evidence of obstruction of proof (§ 427 ZPO) or as grounds for challenges and claims for damages.
Conclusion: Suppression and destruction of documents are among the core document-related offenses under German criminal law. They primarily serve to protect legal transactions and reliable documentation. Due to the growing importance of digital media, the significance of these offenses has increased further. Careful, legally compliant handling of documents and data remains essential for both companies and individuals to avoid criminal and civil law consequences.
Frequently Asked Questions
When does suppression or destruction of documents constitute a criminal offense in the legal sense?
Criminal suppression or destruction of documents under Section 274 of the German Criminal Code (StGB) occurs when someone destroys, damages, or suppresses a genuine document, an officially stored document, or a technical recording in which a third party has an evidentiary interest, with the intent to harm that party’s rights of proof. It is essential that the perpetrator acts intentionally and with the purpose of harming another. Even mere withholding – so-called “suppression” – without physical destruction can suffice, provided the usability of the document is eliminated or significantly impaired. It is also important that the document is of evidentiary interest to another and thus does not concern merely personal notes or exclusively private records.
What penalties can be imposed for suppression or destruction of documents?
In the case of unlawful suppression or destruction of documents in accordance with § 274 StGB, penalties can include imprisonment of up to five years or a fine. In particularly serious cases, such as those involving public officials or when the act is committed on a commercial basis, penalties may be higher. Attempt is also punishable once the perpetrator commences the act, even if the document is not ultimately destroyed or the purpose of proof not fully defeated. In addition, civil claims for damages or restitution may arise.
Who can be a perpetrator of suppression of documents?
In principle, any natural person who intentionally and unlawfully destroys, suppresses, or damages a document can be a perpetrator. This applies regardless of whether the person is the owner, possessor, or a third party in relation to the document. Employees of companies or authorities who, in the course of their work, have access to relevant documents can also be liable, provided they act without authorization. In criminal law, accomplices, instigators, or those aiding and abetting can also be prosecuted if they participate directly in the offense or assist in its commission.
What kinds of documents are protected by § 274 StGB?
The term ‘document’ in the criminal law sense includes any written materials created to serve as evidence of a legally relevant fact and that are intended or suitable to serve as evidence in legal transactions. This includes contracts, wills, court or official documents, official registers, documents of public authorities, as well as private documents of evidentiary significance. Technical recordings such as photographs, audio tapes, or data carriers, provided they serve an evidentiary function, are also covered. However, purely private and meaningless notes without third-party evidentiary interest are not protected.
When is the suppression of a document “unlawful”?
Suppression of a document is unlawful if the perpetrator violates an evidentiary interest that belongs not to themselves, but to a third party, and there are no grounds for justification or statutory authority for the destruction or non-production. Such behavior is especially unlawful when it impairs a third party’s right to use the document as evidence. If there is no objective duty to surrender or retain the document, or if there is a legal entitlement to destroy it (e.g. data protection deletion requirements), the act is not punishable.
Are there limitation periods for suppression or destruction of documents?
Yes, the regular criminal statute of limitations applies to punishable suppression or destruction of documents in accordance with § 78 StGB. This period is generally five years after the completion of the offense. This means that no prosecution can take place after this period has expired. The limitation period begins on the day of the last act that fulfills the offense, such as the destruction or last act of suppression.
How can suppression of documents become relevant in civil procedure law?
In civil procedure law, unlawful suppression of documents can have far-reaching consequences. If, for example, evidence is deliberately withheld or destroyed, the court may, in accordance with § 427 ZPO, draw adverse inferences against the suppressor when assessing the evidence and, if necessary, assume a reversal of the burden of proof in favor of the opposing party. Claims for damages due to obstruction of proof are also possible if the other party suffers a disadvantage as a result. In some cases, the court may order the surrender or securing of the document through compulsory measures.
