False certification in office
The false certification in the office is a criminal offense according to the German criminal law . It is regulated in Section 348 of the Criminal Code. It is systematically in the area of official and document offenses . The provision protects legal transactions from public documents that are untrue in terms of content ; at the same time the functionality of the notarial bodies is protected.
As with indirect false certification according to Section 271 of the Criminal Code, the prerequisite for criminal liability is that the evidential value of the document also relates to the untrue fact.
Since § 348 StGB is a real official offense , i.e. a crime in which the perpetrator is public official i. S. d. § 11 No. 2 StGB, accomplices or indirect perpetrators must also have this special characteristic. If there is only incitement or aiding and abetting, the participants' punishment is to be mitigated according to § 28 I, § 49 I StGB. However, a prerequisite for participation is an intentional and unlawful main act on the part of the official. For the perpetrator, a false certification in the office also represents a breach of duty of duty , which also has disciplinary consequences.
If the public official acts unintentionally, he is not the perpetrator of a false certification in office. The man behind is then not an indirect perpetrator according to § 348 StGB, but can make himself liable to prosecution for indirect false certification according to § 271 StGB .
False certification in office is a typical offense accompanying corruption in public administration .
See also
Web links
- Detlef Burhoff : Incorrect TÜV inspection report - false certification in office? September 7, 2013
- Rocco Beck: BGH, decision of August 27, 1998 - 4 StR 198/98 hrr-strafrecht.de on the accusation of false certification against a notary
- Michael Zgoll: "False authentication in office" - Notary from Hanover is said to have helped with fraud. Hannoversche Allgemeine , November 26, 2012
- Enhanced Abi grades. Higher Regional Court speaks school principal free Legal Tribune Online, June 8, 2015
- Supreme Court : Judgment of February 15, 1991 - 16Os43 / 90 on the legal situation in Austria
- Forgery of documents in office ; Swiss Federal Supreme Court : BGE 131 IV 125 on the legal situation in Switzerland
Individual evidence
- ↑ BVerwG, judgment of February 7, 2008 - 1 D 4.07
- ↑ Current legislation in the area of corruption uni-oldenburg.de
- ↑ Thuringian Ministry of the Interior: No chance ... of corruption ( Memento of the original from April 3, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 2004
- ↑ Section 311 of the Criminal Code. Incorrect authentication and authentication in the office jusline.at
