Evidence fraud
The Evidence of fraud is a special form of fraud and gem in Germany. Section 263 of the Criminal Code.
Penalty
In the case of fraud, it is sufficient for the criminal success of an “unlawful pecuniary advantage” that the injured party is exposed to a specific financial risk. In evidence fraud, the endangerment of assets consists in the fact that the perpetrator either steals false evidence through deception (in order to improve his creditor position) or deprives the other side of true evidence (in order to improve his debtor position) and thus brings the other side into need of evidence.
For evidence fraud to be complete, however, there is no need to have a pending process in which the perpetrator uses the evidence obtained by fraud. If the evidence in question is used to deceive the court in a civil process , it is a sub-case of litigation fraud .
Offense
Offense is the manipulation of evidence for the purpose of deception in order to obtain an unlawful disposal of assets in favor of the deceiver, for example by stealing a certificate of inheritance .
In the case of evidence fraud, the enrichment is not unlawful if the result corresponds to the true legal situation. The legal assessment of a financial advantage is not influenced by the otherwise illegal behavior of the perpetrator.
Evidence fraud is also not committed by anyone who steals false evidence because he otherwise runs the risk of either not being able to enforce an existing claim or of having to fulfill a claim that is not or no longer existing (so-called self-help fraud ). The act can of course be punishable according to other regulations, for example from the point of view of forging documents .
Austria
Evidence fraud is classified in the Austrian Criminal Code as serious fraud in accordance with § 147 StGB punished with up to three years imprisonment.
literature
- Peter Allgayer , Wolfgang Bär , Lars Bachler et al .: Commercial and Tax Criminal Law. Comment. Munich, 2011. ISBN 978-3-406-60962-6 . Section 263, marginal no. 229-231. Reading sample
Web links
- Folker Bittmann: Focal points of (not only: economic) criminal law, focus: Damage HRRS issue 1/2016, pp. 38–54.
Individual evidence
- ↑ Harald Langels: § 17 special questions of fraud, IV. Evidence fraud . Criminal Law BT, 5th edition 2011, p. 51 f. Reading sample
- ↑ RGSt 53, 261
- ↑ Munich Higher Regional Court, judgment of August 8, 2006 - 4 St RR 135/06 = NJW 2006, 3364
- ↑ Klaus Marxen : Brake line case The case of the month in criminal law. Discussion of the Munich Higher Regional Court, judgment of August 8, 2006 - 4 St RR 135/06
- ↑ BGH MDR 1981, 99
- ↑ BGHSt 20, 136
