Forgery of Technical Records

Forgery of Technical Records in Europe

Forgery of Technical Records in Germany

Provisions relating to forgery of technical records in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-three, under the heading “Forgery,” located in Section 268 Forgery of technical records, which reads: (1) Whosoever for the purpose of deception in legal commerce 1. produces a counterfeit technical record or falsifies a technical record or 2. uses a counterfeit or falsified technical record shall be liable to imprisonment of not more than five years or a fine. (2) A technical record shall mean a presentation of data, measurements or calculations, conditions or sequences of events, which, in whole or in part, is produced automatically by a technical device, allows the object of the record to be recognised either generally or by informed persons and is intended as proof of a legally relevant fact, regardless of whether this was already the purpose of the presentation when it was produced or only later. (3) It shall be equivalent to the production of a counterfeit technical record if the offender influences the result of the record by interfering with the recording process. (4) The attempt shall be punishable. (5) Section 267 (3) and (4) shall apply mutatis mutandis.

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Notes

  1. The content of the translated German penal code in relation to forgery of technical records is current as of 2010

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