Definition and Explanation: Unauthorized Use of Titles
Die unauthorized use of titles refers, in German law, to the impermissible use of academic degrees, official designations, decorations, or other titles specially protected by law by persons to whom these titles were not duly granted. The aim of this protection is to safeguard public interests such as transparency, trust, and the reputation of the respective titles or official designations.
A person acts without authorization in particular if, without proper entitlement, he or she claims to possess or exercise a title, thereby seeking or obtaining an advantage in public or professional matters. The provisions on unauthorized use of titles can be found in the Criminal Code (StGB) as well as in additional special statutory regulations.
Legal Basis for Unauthorized Use of Titles
Criminal Law Regulation (§ 132a StGB)
The central provision on unauthorized use of titles is set out in § 132a StGB (‘Misuse of Titles, Professional Designations and Badges’). Under § 132a paragraph 1 StGB, it is a criminal offense for anyone to use, without authorization:
- domestic or foreign official or service designations, academic degrees, titles, or public honors,
- professional designations whose use is regulated by federal or state law,
- badges, uniform items, or official attire that is expressly protected by law.
The penalty ranges up to one year of imprisonment or a monetary fine.
Further Special Regulations
In addition to criminal law, there are provisions in numerous specialist laws, such as state higher education law, medical professional law (e.g., for doctors and pharmacists), and trade law. These laws frequently regulate the awarding, use, and where applicable, revocation of certain titles as well as the recognition of equivalency for foreign degrees.
Distinction: Use of Titles, Title Abuse, and Fraudulent Acquisition of Titles
Use of Titles
The lawful use of a title requires effective awarding or official recognition. For foreign academic degrees, the requirements of the Standing Conference of Ministers of Education and Cultural Affairs and state-specific recognition procedures must be observed (§ 33 Framework Act for Higher Education, HRG).
Title Abuse
Title abuse covers the use of a designation with fraudulent intent, regardless of whether the user has lawfully acquired a similar or related title.
Fraudulent Acquisition of Titles
Fraudulent acquisition of titles refers in particular to actively obtaining a title through deception (e.g., via forged documents). This may constitute not only a violation of § 132a StGB, but also other criminal offenses, such as fraud (§ 263 StGB) or forgery of documents (§ 267 StGB).
Types of Protected Titles
Academic Degrees and University Titles
Academic titles (e.g., ‘Bachelor’, ‘Master’, ‘Diploma’, ‘Doctor’), awarded by domestic or—following recognition—foreign universities, are protected under § 132a StGB. The use of foreign degrees is often subject to special evidence and formal requirements.
Professional Titles
Certain professional titles (e.g., ‘doctor’, ‘dentist’, ‘engineer’, ‘architect’) may only be used by persons who meet the legal requirements and hold the necessary licenses. Unauthorized use may result not only in criminal sanctions but also in professional consequences.
Official and Service Designations
Designations such as ‘Senior Government Officer’, ‘Criminal Police Inspector’, or ‘Judge’ indicate a public office and are also protected by criminal law.
Orders and Decorations
Orders, decorations, and certain insignia (e.g., Federal Cross of Merit) are also protected against unauthorized use in order to prevent forgery and denigration.
Requirements and Limits of Criminal Liability
Requirements
Criminal liability under § 132a StGB presupposes that the use of a title is actually ‘unauthorized.’ Mere private use without external effect is not sufficient; rather, use in commercial, professional, or public relations is required.
Exceptions
Statutory exceptions relate, for example, to wearing costumes in theatre or film, at carnival events, and certain satirical portrayals. The use of a degree lawfully awarded abroad is also permitted in the manner provided for by state law.
Legal Consequences of Unauthorized Use of Titles
Criminal Sanctions
Unauthorized use of titles is a criminal offense punishable by imprisonment of up to one year or a fine (§ 132a StGB). In less serious cases or in the event of minor infringements, proceedings may be discontinued under the principle of prosecutorial discretion.
Administrative Measures
In addition to criminal sanctions, administrative authorities may revoke titles or require the removal of a title from official documents. This is regularly done through administrative procedures, particularly in higher education and professional law.
Claims for Damages
Companies or individuals who suffer competitive harm from unauthorized title use may assert civil law claims, e.g., for tort (§§ 823 ff. BGB) or under the Act Against Unfair Competition (UWG).
Comparative Law: International Perspective
Comparable regulations exist in other countries, although their scope and level of protection can differ considerably. For example, Austria and Switzerland have similar criminal provisions, but foreign academic degrees may sometimes be used less restrictively.
Relevance in the Digital Age
With increasing digitalization and the spread of personal profiles online, unauthorized use of titles has also become significant on social networks, websites, and in digital signatures. The legal provisions also apply online, if the impression of an official or governmental character is created.
Summary
Unauthorized use of titles in Germany is subject to strict legal protection. § 132a StGB criminalizes both the unauthorized use and abuse of protected titles, degrees, and designations. The provisions primarily protect public trust, the integrity of educational and professional paths, and help prevent acts of deception. In addition to criminal consequences, administrative and civil consequences may also arise depending on the circumstances of the case. Persons wishing to use a title should always first verify the legal requirements and obtain any necessary recognitions and approvals.
Frequently Asked Questions
What are the criminal consequences of unauthorized use of titles in Germany?
The unauthorized use of academic degrees, titles, or professional designations is a criminal offense in Germany pursuant to § 132a Criminal Code (StGB). Anyone who intentionally uses an academic degree, title, or professional designation without being authorized to do so can be punished by imprisonment of up to one year or by a fine. Criminal liability encompasses both deliberate and attempted deception in legal transactions. The mere use of a fraudulently acquired or claimed title, for instance in public documents, letterheads, business cards, emails, or on the internet, constitutes a punishable offense. In addition to criminal prosecution, civil law injunctive and damages claims—for example, from universities or affected individuals—may arise. Furthermore, unauthorized use of titles can result in disciplinary consequences for civil servants and public employees.
Who is authorized to use a particular academic title or degree?
The authorization to use an academic degree, title, or professional designation is determined by the laws of the respective federal state and by applicable federal regulations. Generally, an academic title may only be used if it has been lawfully conferred by a recognized university, institution, or equivalent entity. For foreign qualifications, the relevant recognition requirements set out by state university laws and the guidelines of the Standing Conference of Ministers of Education and Cultural Affairs must be observed. Any restrictions (e.g., the obligation to indicate the country of origin) must also be strictly adhered to. Without formal recognition or approval, the use of such titles is not permitted.
How does the law differentiate between use of titles and title abuse?
The law draws a strict distinction between the lawful use of a title (use of title) and the unauthorized or misleading use (title abuse). The use of a title is permitted if it was acquired in accordance with the relevant legal provisions. Title abuse occurs when individuals claim a degree, title, or professional designation they have not acquired, that is falsified, or that is fictitious, and use it in legal transactions. The punishable conduct consists of the objectively unauthorized use, which leads to deception about academic, professional, or technical qualification. The imitation of official designations or risks of confusion are also covered under the offense of abuse.
How are foreign academic titles treated legally?
Specific rules of the Standing Conference of Ministers of Education and Cultural Affairs (KMK) and state university laws apply to the use of foreign academic titles. Recognition of foreign titles generally requires official approval or notification to the relevant state authority. Often, use is only permitted in the original wording, citing the awarding institution and country of origin. In some cases, it is also necessary to avoid adding statements such as ‘equivalent to the German diploma,’ unless a formal determination of equivalency exists. Unilateral translation, abbreviation, or omission of the country of origin may also constitute unauthorized use of a title and thus a criminal offense.
Is there a statute of limitations for prosecution for unauthorized use of titles?
Yes, as with most criminal offenses, unauthorized use of titles is subject to a criminal statute of limitations. According to § 78 StGB, the regular limitation period for offenses punishable by a maximum penalty of up to one year imprisonment or a fine is three years. This period commences with the end of the criminal act, i.e., the last instance of unauthorized title use. During the limitation period, the act can be prosecuted again—for example, if new facts are established or use is ongoing.
What role do legally permitted additional designations and supplements play with regard to titles?
Additional designations or supplements (such as ‘Dr. h.c.’, ‘Ph.D. of…’, ‘i.R.’ for retired, or specification of country of origin and institution) are legally relevant and mandatory if required by the recognition conditions. Omitting or unilaterally adding such supplements can lead to unauthorized title use, particularly if it gives the impression of a formally recognized German title. Exact compliance with the legal requirements for the use of titles—including all mandatory supplements—is considered a legal prerequisite.
Can companies or organizations also be held liable for unauthorized use of titles by their employees?
As a matter of principle, unauthorized use of titles is a criminal offense that presupposes individual culpability of a natural person. However, company management or HR departments may incur civil or competition law liability if they knowingly tolerate or foster unauthorized conduct, such as by providing unverified information in public presentations, legal notices, or official documents. Violations can result in warnings, injunctions, or claims for damages by competitors or authorities. Companies are therefore obliged to carefully verify and document their employees’ use of academic titles or professional designations.
