Faking a crime
The feigning of an offense is a misdemeanor . In German law, pretending to be a criminal offense is regulated in Section 145d of the Criminal Code and is therefore one of the offenses against public order .
text
Section 145d of the Criminal Code reads:
(1) Anyone who, contrary to their better knowledge, pretends to be a public authority or a body responsible for receiving notifications,
- 1. that an unlawful act has been committed or
- 2. that one of the unlawful acts mentioned in Section 126 (1) is imminent,
is punished with imprisonment for up to three years or with a fine if the act is not threatened with a penalty in Section 164 , Section 258 or Section 258a .
(2) Anyone who, contrary to their better judgment, has one of the bodies specified in paragraph 1 about the person involved will also be punished
- 1. in an unlawful act or
- 2. An impending illegal act mentioned in Section 126 (1)
seeks to deceive.
(3) Anyone who is punished with imprisonment from three months to five years
- 1. commits an act according to paragraph 1 no. 1 or paragraph 2 no. 1 or
- 2. Against the better knowledge of one of the bodies named in paragraph 1 pretends that one of the illegal acts mentioned in Section 46b, Section 1, Clause 1, No. 2 of this Act or in Section 31, Clause 1, No. 2 of the Narcotics Act is imminent, or
- 3. tries to deceive one of these bodies about the person involved in an impending act according to number 2 against their better knowledge,
in order to obtain a mitigation or waiver of punishment according to Section 46b of this Act or Section 31 of the Narcotics Act.
(4) In less serious cases under subsection 3, the penalty is imprisonment for up to three years or a fine.
Statute of limitations
The maximum penalty for faking a criminal offense is three years, so the act is statute-barred after five years according to Section 78 StGB .
statistics
According to police statistics , most of the fake crimes are robbery and theft .
Individual evidence
- ↑ https://www.gesetze-im-internet.de/stgb/__145d.html
- ↑ Pretending to be a criminal offense at www.rechtsanwalt-louis.de
