False statement

The false unsworn statement is the basic offense of statement offenses. It can lead to a miscarriage of justice ( false accusation: an innocent person is convicted - or a guilty is acquitted ).

In German criminal law, the false unsworn testimony is governed by § 153 of the Criminal Code. The false unsworn statement is also untrue statements punishable which are filed without an oath before a court or other competent authority. Should be protected confidence in the administration of justice and their ability to function. The provision is also individual protective in the sense that the party located in the right is not deprived of their rights ( this view is, however, also denied ).

Wording

The wording of § 153 of the Penal Code reads:

Who says in court or before another to the hearing under oath of witnesses or experts competent authority as a witness or expert be wrong uneidlich, shall be punished with imprisonment from three months to five years.

Misstatement

When a statement in the criminal law sense is wrong, is controversial. To some extent, represent that it depended only on reality and not on the possibly erroneous idea of giving evidence ( objective theory ). In contrast, the subjective theory holds only for a statement incorrect when it differs from the mental image of giving evidence himself. So the wrong testifying must consciously present a different situation than the one he has perceived. The theory of the dutiful statement modifies the subjective theory of objective elements. However, enforced in the case law has the objective theory, because the administration of justice is located at the actual event and not. At the idea, which the testifying of the reality The subjective theory also leads to the inapplicability of § 160 of the Criminal Code ( incitement to false testimony ), as someone who in good faith something "wrong" implies, because he was led to an erroneous mental image, then suddenly says right on the subjective theory and so far just not to a false statement was induced. The same problem arises in applying the duty theory, if the testifying was such influences of the man behind that despite the utmost care something "wrong" is said. From the reality unconsciously divergent findings of fact will be corrected by the criminal mistake doctrine.

The statement is also made " wrong " by remains incomplete in important ways, but is issued as fully as shall disclose a witness for the hearing subject material facts without specific questioning. However, a completely wrongly refused statement does not constitute a false statement, as a felon nomic failure is not possible. However, aid is possible by omission if the statement person is placed in a special and unusual danger situation for a false statement.

Other conditions for the application

With regard to the Court, it does not matter which jurisdiction it is associated ( arbitration courts, however, are excluded). The only factor is that the statement of the duty of truthfulness is subject. Dedicated bodies only legally certain points come into consideration. The prosecutor or the police are not among them, because they are not competent to hearing under oath places.

Ready perpetrators can only be witnesses and experts. A culpability of the accused fails already at nemo tenetur principle. You can only be an instigator. Parties in civil proceedings may also be a culprit. For them, only a criminal offense of perjury applies.

Basically need the false unsworn statement alone the Eventualvorsatzes that the statement is false ( and possibly the body is in charge ).

Attempt

The attempt of false unsworn statement is not punishable. But it gives rise to the problem, at which point the offense is complete. Completed the act is in any case if a correction ( see below) is no longer possible. It is commonly held that already then completion has occurred, if the testifying would say nothing more, and no more questions are addressed to him.

Criminal overriding or mitigating circumstances

Basically touching testimony recovery prohibitions or refusal rights not offense to false unsworn statement.

By a statement of emergency ( § 157 StGB) as special mitigating punishment may be waived entirely by the punishment. Similarly, a reduced sentence or a waiver of penalty is possible, if the statement corrected or completed in time ( § 158 StGB).