Forgery of documents can be expensive: even simple deceptions such as forged certificates or signatures are punishable. There is a risk of fines or prison sentences of up to ten years – depending on the severity of the case. Terminations without notice are also possible.
What exactly is document forgery – and what does it include?
Forgery of documents is punishable according to Section 267 Paragraph 1 of the Criminal Code if someone produces a false document, falsifies a genuine document or uses a forged document in legal transactions – with the aim of causing deception. According to paragraph 2, the attempt is already considered a criminal offense.
According to Advocard, such acts include forged signatures on contracts, manipulated certificates, ID cards or invoices. Digitally created forgeries such as fake vaccination certificates, login data or customer accounts can also constitute the offense if they are used to deceive legal transactions. The decisive factor is always the intention to give third parties a false impression.
Special cases and related offenses
In addition to the classic forgery of documents according to Section 267 of the Criminal Code, the Criminal Code recognizes other, sometimes specialized, offenses. For example, technical records such as tachographs, video recordings or automatically generated computer data fall under Section 268 of the Criminal Code. Anyone who manipulates such recordings or creates false ones is also committing a criminal offense.
Public documents such as identity cards, school or university certificates or register extracts are also under special protection (§ 271 StGB). Here, simply arranging a false certification can be punishable – even if the document is externally genuine.
Health certificates such as medical certificates, vaccination certificates or certificates of incapacity for work are subject to Sections 277 to 279 of the Criminal Code. According to BMS lawyers, it is sometimes enough to issue or use such a document without authorization to commit a criminal offense.
A related but separate criminal offense is document suppression (Section 274 StGB). It occurs when someone damages, destroys or makes inaccessible a genuine document – for example by removing or hiding it.
In addition, Sections 275 and 276 of the Criminal Code regulate forgery and unauthorized handling of official ID cards. Not only manipulation, but also the mere import or export of forged documents is punishable.
What are the penalties according to the law and case law?
Anyone who forges a document must expect severe penalties. The basic offense according to Section 267 Paragraph 1 StGB provides for a fine or a prison sentence of up to five years. The decisive factor is always the intention to deceive in legal transactions.
In particularly serious cases, the penalty range increases to between six months and ten years (Section 267 (3) StGB). This applies, for example, to commercial activity, to significant financial loss – typically from 50,000 euros – or when a public official abuses his position.
As court decisions show, the punishment varies depending on the case. The Bamberg Higher Regional Court sentenced a man who issued a fantasy ID card from the “Free City of Danzig” to a fine of 70 daily rates of 100 euros each (ref. 3 Ss 50/14). In another case, the Munich district court handed down a two-year suspended prison sentence – a man had posed as a lawyer with fake certificates and practiced the profession for years (case number 823 Ls 231 Js 185686/19).
Statute of limitations and further consequences
The statute of limitations for document forgery is usually five years (§ 78 StGB in conjunction with § 267 StGB). For certain offenses such as the use of incorrect health certificates or misuse of ID cards, a shortened period of three years applies (§§ 277, 279, 281 StGB).
In terms of labor law, forging documents can lead to immediate dismissal even years later – as in the case of the LAG Baden-Württemberg (ref. 5 Sa 25/06). Minors under the age of 14 are not criminally responsible, but must expect school measures.
Editorial team finanzen.net