Term and meaning of suppression of civil status
Die Suppression of civil status refers to a criminal offense under German law in which a person knowingly conceals, falsifies, or presents as false their own civil status or that of another person to authorities or other designated bodies. Civil status specifically includes a person’s identity, birth, descent, marriage, partnership, adoption, and death. The offense of suppressing civil status is primarily regulated in Section 169 of the German Criminal Code (StGB).
Legal basis
Legal provisions
The central provision on the suppression of civil status is found in Section 169 StGB, which reads as follows:
“Anyone who suppresses the civil status of a person shall be punished by imprisonment of up to two years or a fine.”
In addition to the general criminal provisions, consequential or accompanying offenses may be relevant, particularly if the suppression enables or facilitates further unlawful acts, such as in the areas of inheritance, social benefits, or registration matters.
Protected interest of the provision
The criminal provision protects the accuracy and reliability of information about civil status. This promotes:
- Legal certainty in civil law transactions,
- the fulfillment of public duties (e.g., maintaining civil status records),
- the public’s and the state’s trust in information about personal circumstances.
Elements of the offense of suppressing civil status
Objective elements of the offense
Suppression may involve the following basic scenarios:
- Concealment: Withholding birth, death, or other relevant events from the civil registry authorities,
- Fabrication: Pretending to have an incorrect civil status,
- Falsification: Manipulation of civil status data, for example by submitting incorrect documents.
Examples of such acts include failure to report a birth or the unlawful use of false identification documents.
Subjective elements of the offense
Criminal liability requires intent, i.e., the perpetrator must at least knowingly accept that their conduct is aimed at suppressing civil status.
Circle of offenders
Anyone involved in a civil status–relevant event or who has access to such information can be a perpetrator, typically parents, legal guardians, registry officials, or other persons required to report.
Distinction from related offenses
Suppression of civil status differs from other statutory offenses, such as
- Forgery of documents (Section 267 StGB): Here the focus is on making or using forged documents, not merely concealing facts.
- Child abduction (Section 235 StGB): This provision targets the unlawful withholding of a child from custodians, not the manipulation of information about civil status.
However, an act may often fulfill multiple offenses simultaneously (so-called concurrent offenses).
Civil status law aspects
Civil status under German law
Civil status is governed by the Personenstandsgesetz (PStG) and includes in particular:
- Birth,
- Marriage,
- Establishment of a civil partnership,
- Death.
Each of these events must be reported to the civil registry office. The registry office records these events in the civil status registers. The entries also have legal significance, e.g., for inheritance and family law.
Reporting duties and responsibilities
According to Section 18 PStG, certain relatives and institutions (e.g., hospitals, funeral directors, registry officials) are subject to notification and cooperation duties. Violation of these obligations may result not only in criminal but also administrative penalties.
Criminal consequences and sanctions
Penalties and prosecution
Suppression of civil status is punishable by a fine or imprisonment of up to two years. Sentencing depends on the scope and consequences of the act as well as the perpetrator’s motives.
Attempt and completion
The offense only occurs upon actual suppression (completion); an attempted suppression is not punishable under the law.
Statute of limitations
The statute of limitations for this criminal offense is governed by Section 78 StGB and is five years.
Practical examples and case law
In practice, cases related to child abandonment, adoptions without official procedures, as well as cases of illegal residence and identity changes are relevant. Case law regularly deals with situations where births are not reported or children are passed off by third parties without proper registration in the birth register.
Relationship to international standards
There are comparable regulations in international law. Most European countries have criminal provisions targeting, for example, child abandonment, identity fraud, or document forgery. In cross-border cases, cooperation among judicial authorities may be necessary, for instance in establishing identities or places of birth.
Summary and significance in the legal system
Suppression of civil status constitutes an important criminal law protection mechanism to ensure the integrity and traceability of personal vital data. It helps maintain public order and safeguards essential social processes—from birth to death. The offense is rare in everyday criminal law, but in individual cases, it can have great social and personal significance, especially for children and vulnerable individuals. A thorough understanding of the legal framework is essential for those who are involved in reporting and civil status duties.
Frequently Asked Questions
Who can apply for suppression of civil status?
An application for suppression of civil status can generally be made by any person whose legitimate interests are affected, especially if disclosure of civil status data would endanger personal safety or privacy. In practice, this often concerns victims of stalking, domestic violence, or threats. Minors or persons without full legal capacity can apply through their legal representatives. Applications must be submitted in writing to the relevant registry office, including appropriate reasons and, where possible, evidence of the danger. The civil status authority decides on suppression after careful consideration of all the circumstances of the individual case.
What legal provisions regulate the suppression of civil status?
Suppression of civil status data in Germany is primarily regulated by the Personenstandsgesetz (PStG) and the associated Personenstandsverordnung (PStV). In addition, data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), apply, as this concerns especially sensitive personal data. Further statutory provisions, such as those on registration or protection against violence, supplement the legal framework. Authorities are required, as part of their discretion, to take into account the fundamental rights of those affected, in particular the right to informational self-determination and the protection of personality rights.
What impact does suppression of civil status have on information from civil status registers?
Once the suppression of civil status is legally ordered, it results in disclosures from the civil status register about the person concerned or their data being provided either in a very limited manner or not at all. Authorities, third parties, or private individuals receive no information or only after special examination and proof of a legitimate interest, which must not outweigh the legitimate interests of the affected person. In particular, requests for information on marriages, birth names, or other family law–related information are thoroughly examined or rejected to maintain security and data protection.
Is suppression of civil status limited in time or unlimited?
In most cases, suppression of civil status is limited in time and depends on the continued existence of the threat that justified the suppression. Authorities usually set a deadline and regularly review, upon application or ex officio, whether the reasons continue to apply. After the deadline expires, an extension may be requested if the danger persists. If the reason ceases or can no longer be demonstrated, the suppression can be lifted. In exceptional cases, unlimited suppression is possible if this is necessary and proportionate to protect the person concerned.
What disadvantages can result from suppression of civil status?
In addition to the benefit of increased data protection, suppression can also lead to disadvantages. For example, applying for certain official documents (such as issuance of certified copies, marriages, or inheritance matters) may be more difficult because authorities only issue information and documents very restrictively to protect data privacy. Furthermore, difficulties may arise in everyday business transactions, for instance when enrolling in kindergartens or schools, or when concluding contracts, if the required certificates and documents are less accessible. Therefore, a careful assessment and consultation is recommended before applying for suppression.
How can a decision to suppress or not suppress civil status be challenged?
An administrative decision granting or refusing suppression of civil status can be appealed by the affected person within the statutory time limits. Further proceedings are governed by the Administrative Procedure Act (VwVfG). If the authority continues to refuse, it is possible to file a lawsuit with the competent administrative court. In judicial proceedings, a comprehensive balancing of interests takes place, in particular weighing the applicant’s personality rights against any legitimate interests of third parties. In practice, it is advisable to consult a specialized lawyer to optimally assess prospects of success and determine the specific procedure.
