Litigation fraud
Litigation fraud is the willful production of false testimony or evidence ( evidence fraud ) or any other act of deception by a party in a judicial process . It does not matter in which jurisdiction the process takes place. The aim, however, must be financial loss for the opposing party. The act is an offense in Germany according to Section 263 of the Criminal Code .
In Germany, the so-called procedural duty of truth results from Section 138 of the ZPO .
The process was a classic triangle fraud by § 263 of the Criminal Code, where the deluded Chamber of the court (judge) the assets available to the detriment of a party or the accused makes the judgment. Litigation fraud is also possible with a disposition by the judicial officer or the bailiff . In this respect, the specific financial threat is sufficient as a financial loss.
Process fraud can also be committed in judicial dunning proceedings through incorrect information in the dunning request.
The attempt at fraudulent proceedings begins with the submission of a false statement of fact within a legal proceeding. In doing so, the party must be aware that the claim is untrue.
If a false statement, false testimony, a false document or a false report to be submitted by a witness or an expert, so that the process would be reached in favor of a party, a certain output is tateinheitlich also possibly an unsworn false statement , a perjury , a Document forgery or a document suppression given. If an expert is influenced by, for example, manipulating the things to be assessed beforehand, criminal liability for indirect perpetrators can also be considered.
It is also conceivable that there was incitement to these crimes if one of the parties to the litigation initiated them.
