Subornation of perjury

The incitement to perjury is a criminal offense reinforced after the German criminal law. It is governed by § 160 of the Criminal Code. He systematically lies in the statement offenses.

The § 160 of the Criminal Code allows the indirect perpetration in the handwritten statement offenses. Because § § 153, 154, 156 of the Criminal Code offenses are handwritten, leaves an indirect perpetration. There, as with road traffic offenses, only the driver, here testifying be a criminal offense. This gap closes § 160 para 1 of the Criminal Code, which entice with the indirect perpetration says. As with the attempt of incitement to false testimony in accordance with § 159 of the Criminal Code of the front man must achieve at least the objective facts of the said offenses. If the front man is also deliberately, makes itself so punishable, is the man behind before an incitement to the main offense.

If the car in front, however, is unpredictable, the man behind 160 of the Criminal Code may be punished according to § unless he has indirect control over the infringement.

Problems arise if the man behind subject to error.

Entice a supposedly gullible

In the event that the man behind says, the front man would testify unintentionally wrong, a criminal offense of the background man pursuant to § 160 Section 1 of the Criminal Code is disputed. On the one hand wants the Supreme Court to accept the applicability of § 160 Paragraph 1 of the Criminal Code, however, this situation of § 160 para 2 SCC will include who makes the attempt is punishable.

Entice a supposedly bad faith

There is agreement that in the event that the man behind says, the front man would testify willfully, a criminal offense according to § 159 StGB is present (test of incitement to false testimony ).

• Special penology ( Germany )