Temptation to make false statements
The temptation to make false statements is a criminal offense under German criminal law . It is regulated in § 160 StGB . It lies systematically in the testimony offenses .
Section 160 of the Criminal Code enables indirect perpetration of personal testimony offenses. Since § 153 , § 154 , § 156 StGB are personal offenses, indirect perpetration is ruled out. As with road traffic offenses, only the driver, in this case the person making the statement, can be punishable. This loophole is closed by Section 160, Paragraph 1 of the Criminal Code, which by seduce means indirect perpetration. As with the attempt to incite false testimony under Section 159 of the Criminal Code, the person in front must at least carry out the objective offense of the offenses mentioned. If the man in front also acts deliberately, i.e. makes himself liable to prosecution, the man behind has incited the main offense.
However, if the person in front acts unintentionally, the person behind can be punished according to Section 160 of the Criminal Code, provided that he has indirect criminal responsibility.
Problems arise if the person behind them is mistaken .
Enticing a supposedly gullible person
In the event that the man behind thinks that the man in front would unintentionally make false statements, the criminal liability of the man behind is controversial according to Section 160 (1) StGB. On the one hand, the BGH wants to accept the applicability of Section 160 (1) StGB, but this situation is covered by Section 160 (2) StGB, which makes the attempt a criminal offense.
Enticing a supposedly bad faith
There is agreement that in the event that the man behind thinks that the man in front would testify willfully, there is a criminal liability according to § 159 StGB ( attempt to incite false testimony ).
