License plate abuse

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This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

The FE script was introduced to make it more difficult to falsify the license plates

The hallmark abuse , one in Germany traffic offense ( offense ) according to § 22 Road Traffic Act (Road Traffic Act), as protecting legal interests reliable and clear allocation of ( subject to authorization ) motor vehicle to a vehicle owner . Label misuse is a catch-all offense for forgery of documents and is used relatively rarely (see subsidiarity ).

Facts

Paragraph 1 criminalizes the creation of a deceptive situation. Paragraph 2 applies to improper use. Use of the forged or falsified license plate is required in right-hand traffic . Furthermore, an intention to deceive is required that goes beyond the intent of labeling, use, etc.

The criminal provision provides for the following facts :

Creation of the deceptive state

In paragraph 1, three forms are made a criminal offense:

  • Attaching a false registration number to a non-registered vehicle (vehicle or trailer) in order to create the appearance of an official registration (Paragraph 1 No. 1)
  • Exchange with another label (Paragraph 1 No. 2)
  • Impairment of recognizability, change or distance (Paragraph 1 No. 3)

Use of an incorrectly marked vehicle

In paragraph 2, the use (carrying) of a forged or falsified number plate in public transport is made a criminal offense.

Perpetration

The offense can the part of the driver , the -halters or any other person that the actual force exerted on the vehicle, committed to. Insurance numbers are not included, as these vehicles do not require an individual official registration.

consequences

Section 22 of the StVG provides for a fine or imprisonment for up to one year as a punishment .

In a final Ver urteilung three are points in driving ability Register of the Federal Motor Vehicle Office entered unless in the judgment driving license withdrawn or isolated lock on it. If a driving ban is imposed in the judgment , two points are entered.

Jurisprudence

Using a fancy license plate is just as punishable as attaching a real license plate to other vehicles. It is also forbidden to remove the label, change the numbers and letters, cover them up or make them illegible ( e.g. by using a counter-flashing system or by attaching cover foils ). The motor vehicle does not have to be operated , parking or pushing on public traffic is sufficient .

Switching off or manipulating the license plate light can also be seen as license plate abuse. See main article: License plate lighting

Subsidiarity

If there is an offense of forgery of documents because a stamped license plate is used for deception, whereby the license plate forms a "composite document" with the vehicle (connection of the plate to the vehicle, e.g. screwed), the criminal liability according to § 22 StVG occurs behind the more severe threat of falsification of documents according to § 267 StGB .

Individual evidence

  1. ^ Janiszewski, Jagow: Road traffic order with the road traffic law . 16th edition. CH Beck, Munich 2000, ISBN 3-406-46645-1 , § 22 StVG Rn.  6 (No. 2 d).
  2. ↑ Janiszewski, Jagow, Rn. 2.
  3. ↑ § 40 FeV in connection with Annex 13 No. 1.11 or 2.1.11.
  4. ↑ BGH VRS 21, 125.
  5. ↑ BGH, decision of September 21, 1999, Az. 4 StR 71/99, full text - forgery of documents when spraying vehicle license plates.
  6. ↑ Janiszewski, Jagow, Rn. 8th.