Document Forgery in Germany (§ 267 StGB) – Definition, Acts, Penalties and Practice

Section 267 of the German Criminal Code (StGB) protects the public’s trust in the authenticity of documents. What matters is whether the document genuinely originates from the declared issuer, not whether its contents are true. A “written lie” alone does not constitute document forgery.

What Is a Document?

A document is a physical statement of thought that:

• • identifies an issuer,
• • serves as proof of a legally relevant fact, and
• • is suitable to provide such proof through its permanence and authenticity.

The document’s evidentiary, permanence and guarantee functions are at the centre of protection under German criminal law.

What Is Not a Document – Common Examples

• • Simple photocopies are generally not documents, unless designed to give the impression of an original.
• • Digital data are not documents until embodied (e.g. printed and presented as one’s own declaration) or fall under § 269 StGB (falsification of data with evidentiary relevance).
• • Blank forms without essential entries are not documents.

The Three Acts of Document Forgery (§ 267 (1) StGB)

• • Producing a false document – a document is false when it does not originate from the person who appears as issuer (identity deception).
• • Altering a genuine document – modifying its intellectual content so that it seems as if the issuer made the statement originally. Pure destruction or removal of content may instead fall under § 274 StGB.
• • Using a false or falsified document – presenting it so that the recipient can perceive it; actual reading is not required. Even a copy can count as use of the forged original if it supports deception in context.

The attempt is punishable (§ 267 (2) StGB).

Intent and Deception

The offender must act intentionally, knowing the document’s nature and falsity, and aim (or accept) to deceive in legal transactions, inducing a legally relevant action or decision. This intent distinguishes criminal forgery from mere errors or false content.

Penalties and Aggravating Circumstances

• • Basic offence: fine or imprisonment of up to 5 years.
• • Serious cases (§ 267 (3)): 6 months – 10 years (e.g. commercial or gang-based forgery, large losses, public risk, abuse of office).
• • Commercial or gang-based forgery (§ 267 (4)): 1 – 10 years (imprisonment; minor cases = 6 months – 5 years).

Frequent Misunderstandings and Distinctions

• • A “written lie” alone is not forgery – only lack of authenticity counts.
• • Representation vs. foreign signature: Acting with authorisation or within representation rights does not make a document “false”.
• • EDP cases: If no physical embodiment exists, § 269 StGB (falsification of data) applies.

Typical Practical Examples

• • Fake signature or stamp on a certificate → producing.
• • Altering a contract’s content after signing → forging.
• • Presenting a fake certificate to a bank/authority → using.

FAQ: Document Forgery (§ 267 StGB)

What counts as a document?
A physical declaration showing an identifiable issuer, serving to prove a legally relevant fact.

Is a photocopy a document?
Usually not, unless it deceptively appears as an original or is used to support deception.

Does a false statement (“lie on paper”) suffice?
No. Only falsity in authorship or signature creates an “inauthentic” document.

What penalty applies?
Up to 5 years or a fine; serious cases 6 months – 10 years; commercial/gang-based 1 – 10 years.

Is attempt punishable?
Yes, according to § 267 (2) StGB.

Contact Our Criminal Defence Lawyers in Frankfurt and Nationwide

Buchert Jacob Peter defends clients in document forgery, fraud and white-collar crime proceedings throughout Germany.

• • Dr Caroline Jacob – Specialist Lawyer for Criminal Law
• • Frank M. Peter – Specialist Lawyer for Criminal Law
• • Of Counsel: Prof. Dr Frank Peter Schuster
• • Cooperation Partner: Frank Wehrheim – Tax Advisor and former Tax Investigator

📞 Telephone: +49 69 710 33 330
✉️ Email: kanzlei@dr-buchert.de

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