Falsification of relevant evidence
The falsification of evidence-relevant data is an offense according to Section 269 of the German Criminal Code (StGB) , which is punishable by imprisonment of up to five years or a fine .
text
The wording of § 269 StGB is:
(1) Anyone who saves or changes evidence-relevant data in order to deceive legal transactions in such a way that a false or falsified document would be present if they were perceived, or uses data saved or changed in this way, is punished with a prison sentence of up to five years or a fine.
(2) The attempt is punishable.
(3) Section 267 (3) and (4) apply accordingly.
Offense
The offense belongs to the area of document offenses . Evidence-relevant data is protected. The perpetrator has to save, change or use the data to deceive in legal traffic. The act is completed as soon as a false or falsified document is available.
Anyone who, as a member of a gang, forges evidence-relevant data commercially, is guilty of a crime in accordance with Section 267 (4) of the Criminal Code . The paragraph was inserted into the Criminal Code in 1986 because the legislature feared gaps in criminal liability in the area of document offenses.
See also
- Forgery of documents
- Computer crime
- Spy on data
- Interception of data
- Prepare for data spying and interception
- Data change according to § 303a StGB
literature
- Georg Freund : Document Crimes , Springer, 1996, ISBN 3540616209 , p. 75 ff.
- Michael Rösler: The criminal falsification of evidence-relevant data , in JurPC - 1987, pp. 412 - 418 (online version)
Web links
- Openjur.de: BGH, Az. 3 StR 128/03, decision of May 13, 2003 - unauthorized recharge of the telephone card used
- Openjur.de: OLG Stuttgart, Az. 2 Ws 42/13, decision of March 25, 2013 - insertion of a third-party driver card into a digital EC control device by a truck driver
- Openjur.de: BGH, Az. 4 StR 422/14, decision of April 21, 2015 - hijacked eBay accounts, filing of false data on eBay
Individual evidence
- ↑ Steuerungetz.de: § 269 StGB, falsification of evidence-relevant data
- ↑ Laufhütte / Rissing-van Saan / Tiedemann: Leipzig Commentary on the Criminal Code - Volume 9/2, §§ 267–283d, p. 130, 2009, De Gruyter, ISBN 978-3-89949-697-0
- ↑ Michael Rösler: The criminal falsification of evidence-relevant data, in JurPC - 1987, pp. 412-418.
- ↑ Leipold / Tsambikakis / Zöller: Lawyer Commentary StGB , p. 2264, CF Müller GmbH, 2014, ISBN 978-3-8114-4124-8
