Misuse of identification documents
The misuse of identity documents in Germany in accordance with § 281 of the Criminal Code (CC), a misdemeanor , which with imprisonment up to one year or a fine will be punished.
text
The wording of § 281 StGB reads:
(1) Anyone who uses an identification document that has been issued for another person to deceive in legal transactions or who gives another person an identification document which has not been issued for him to deceive in legal transactions shall be punished with imprisonment for up to one year or with a fine . The attempt is punishable.
(2) Certificates and other documents that are used as identification in traffic are equivalent to identification documents.
Offense
These offenses are regulated in Section 23 of the Criminal Code , the legal interest of which is generally the security and reliability of legal transactions. In the broader sense, misuse of identification documents is one of the offenses against forgery in legal transactions (Sections 267–282 StGB).
The security of legal and evidence related to the use of identification papers is to be protected. Identification papers, certificates and other documents are papers that are intended to serve as proof of identity or personal circumstances and are issued by a sovereign body. These are e.g. As identity cards , passports , driving licenses , student and student cards , disability cards , travel trade cards, vehicle papers, school and university diplomas, police clearance certificates . However, only those private documents are relevant that can take on an identification function because they contain a photo, personal information and a signature made in front of the issuer. For example: a private ID card, check or credit card do not meet the necessary identification criteria. Forgeries are ruled out as objects of crime; whoever uses them may be liable to prosecution under Section 271, Paragraph 2 of the Criminal Code ( indirect false certification ). An identification document is used if it is made accessible to someone else's sensory perception in its function as identification. Surrendering is the transfer of the power of disposal in such a way that the recipient can use the identification document.
With regard to all objective elements, at least the contingent intent (dolus eventualis) applies . Changing official IDs is an offense in Germany according to Section 273 of the Criminal Code.
See also
Individual evidence
- ↑ Uni Bonn, Urkundsdelikte, p. 31 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ FHS of the Federal Government for Public Administration, Document Offenses, p. 42 ( Memento of the original from September 28, 2007 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.
literature
- Georg Küpper , A walk through the offenses against legal interests of the person and the community, Criminal Law Special Part 1, 2nd edition, Springer-Verlag (2001), ISBN 3-540-67856-5
- Bernd Hecker , The improper use of identity papers and other identity-equivalent documents according to § 281 StGB (article), GA 1997, 525-539
