A person condition falsification is causing a mistake by deception over family-legal conditions of humans to others and/or its names than basis of rights and legal relations. Already the Roman right knew the person condition falsification in shape of putting underneath a child as suppositio partus. Crucial coinage experienced that crime by the civil of the personnes French right.

German criminal law

In Germany the person condition falsification is in accordance with penal code (StGB) a criminal offence a passing, with which the attempt is punishable already. Crime was limited in the large penal reform crucially by the fact that essentially only actions are relevant regarding the person condition authorities. Actions within the private sector, like the designation of the care daughter as physical child opposite acquaintance and friends or the indication of the loving as a wife to the Hotelrezeption were taken out of the criminal law regulation.

Right property

Right property of the person condition falsification is the correct statement of family-legal conditions of a person. One turns off thereby in principle to the common interest. The interest of the particular is in addition, with protected to know and registered know its true Personenstand applicable.

Objective act actions

The criminal offence existence exhibits three different possible act actions. As a special case of the wrong data, which do not take place in relation to a person condition authority, putting underneath of the child remained remaining. This becomes with right-historical purchases (s.o.) and the special protection needyness of the baby and the infant justifies.

Put underneath a child

It puts underneath a child is present with an action which leads to the fact that the child of the environment appears to another woman than the nut/mother as a descendant. It is not necessary against the fact that the nut/mother regards the child as her own. Therefore the nut/mother can put underneath itself the strange child also. Classical example is the exchange in the birth of the deceased inheriting throne and title by a healthy citizen child. Unwritten factual characteristic is thereby the concrete danger of a wrong entry in the person condition books. Only one child, who has even still no applicable conceptions over its Personenstand, can be put underneath.

Wrong data

Data

It gives data concerning the Personenstand who to civilly relevant, family-legal relations of a person with another, thus for example to sex, descent, adoption, relationship or family status (entering the marriage or life partnership, divorce etc.) expresses itself. For this for example name or nationality does not count, because these characteristics are related to a certain person, but no relationship of this person with another person describe.

The expression of the author must refer to the family status of another person, indifferently whether this still lives or already deceased. Data concerning the own Personenstand are not seized by the penalty clause.

Wrongly

The indication is wrong, if the alleged Personenstand does not agree with the true. Considerably thereby the legal Personenstand is fundamental, not the actual. Punishable acts thus, who calls a man with the birth of a child, whose parents are not with each other married, producer, which is not the father. Unpunished acts against who legally as a child of the married people valid, but in adultery a child witnessed, when conjugal child announces.

Responsible authority

The data must be made approximately by an authority responsible for the guidance of the person condition books (the register office) or an authority responsible for the statement of the Personenstands. These are in particular also the courts, which decide on the paternity statement. Always it must concern that the Personenstand with effect for all is determined. To the statement of the Personenstands in this sense actively are not for instance the police with hearings, the military spare office with the examination or the with the examination of the conditions of social welfare assistance.

Suppression of true facts

A suppression of the Personenstands is present, if by other actions than by wrong data or by omission, which is prevented responsible authority at the correct evaluation of the Personenstands. This is for example the case, if the nut/mother in the paternity case of the truth stated contrary in the legal also with other men than the father operating. Suppress by omitting commits for example that, which does not indicate against a duty to give notice after the law on registration of births marriages and deaths (PStG) a birth or a death to the register office.

Subjective facts

In subjective regard the act presupposes resolution, whereby contingent resolution is sufficient. Out of which motives of the authors it acts, whether he aims at for instance his own enriching, is without meaning.

Illegality

The consent of the person concerned is criminally insignificant, because the person condition falsification is not Dispositionsdelikt, thus not a personal right property of the child, whom this have ("„dispose "“) could, but alone the public interest in the material correctness of the person condition books is protected.

Right-actual

In the German criminal jurisdiction that is crime of completely subordinated importance. The number of the annual procedures can be read off from a hand. As with such statistic analyses always it asks itself whether this is because of the fact that the penalty clause their function fulfilled or whether it is simply redundant or whether the committed criminal offences are not uncovered.

Individual cases

Contrary to the actual meaning the penalty clause took broad area in the last years due to new actual features in connection with descent and birth in the scientific discussion.

Anonymous birth

With the anonymous birth in such a way specified by the hospital or the Entbindungsheim one makes possible for the nut/mother not to have to indicate its particulars. The punishability of the nut/mother, that is obligated as a nut/mother present with the birth in accordance with exp. 1 No. 5 PStG to indicate the birth to the register office by suppressing the Personenstands stands thereby except discussion. The question is answered without uniformity whether the other involved ones make themselves punishable. Connecting factor is the obligation of the physicians and midwives after "§ 17 exp. 1 No. 2 - 4 PStG and the leader after the mechanism "§"§, PStG for the announcement of the birth with the register office. The one argue, are missing at the resolution, because these involved ones hoped, the nut/mother will still differently deliberate themselves, to the maternity will profess themselves and the child into own Obhut will take. The others show up convinced that the involved ones take up the Nichtfeststellung of the maternity by the register office regularly to their resolution.

Baby flap

In the criminal literature large agreement exists that also the nut/mother, that puts its child down in a baby flap commits a suppression of the Personenstands of the child, since it indicate requiring is and the placing in the baby flap with following removing endangers the statement of the Personenstands of the child anyhow. Certainly it remains examining always whether the state of distress of such mothers justifies the act or anyhow apologetic.

Against it the estimate of the behavior of that in the bibliography, which makes a baby flap available, is extremely controversial. It cannot indicate or suppress the Personenstand wrongly, because it does not know it simply. Questionable it is however whether he carries aid out for the act of the nut/mother by the list of the baby flap. Is partly represented, the device serves only the protection of the child, which unidentified escape of the nut/mother not supported. Others doubt whether the operator counts not nevertheless on this escape and takes her in the sense of a contingent resolution approving of in purchase.

Wrong acknowledgement of the paternity

From the wording of the law ago, acknowledgement of the paternity lies by a man in that, who knows that he did not witness the child biologically, a wrong indication concerning the Personenstand of the child in relation to the register office.

Since it depends however after the German family right during the paternity acknowledgment of a child, whose parents are not married with one another, not on the fact whether the paternity is really biological appreciative man the father of the child is not used, this regulation according to the probably outweighing opinion in the criminal literature by teleologische reduction on untrue data during the paternity acknowledgment. This restriction is to apply also then, if the man were deceived by the child nut/mother, thus these after the principles of the indirect complicity actually a person condition falsification would actually commit, if it determines the biological Nichtvater by deception to the paternity acknowledgment.

The contrary opinion probably in the minority points out that wrong acknowledgement of the paternity is used quite frequently as adoption on cold way, if the married man recognizes from the foreign country into child of a not-conjugal nut/mother from a developing country of the truth, spent into the inland, contrary as own in relation to the register office and is the following adoption by the wife only formality. The evasion of the protection regulations for the adoption opposes the restriction of the facts and even requires a punishability.

Articles in category "Person condition falsification"

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