Gutachten und Ausarbeitungen der Wissenschaftliche Dienste,: Falsche Versicherung an Eides Statt – strafrechtlicher Kontext

False Statutory Declarations – Criminal Context

Introduction

A statutory declaration is a written statement that is made under oath or affirmation and is witnessed by a person authorized to administer oaths or affirmations. It is often used to verify the truth of a statement or to provide evidence in legal proceedings.

False statutory declarations are a serious offense, as they can undermine the integrity of the legal system. In Germany, false statutory declarations are punishable by imprisonment for up to three years.

Elements of the Offense

In order to constitute the offense of false statutory declarations, the following elements must be present:

• The statement must be made under oath or affirmation.
• The statement must be false.
• The person making the statement must know that it is false.
• The person making the statement must have intended to mislead the authorities.

Penalties

The penalty for false statutory declarations depends on the severity of the offense. In cases where the false statement is made in connection with a criminal investigation, the penalty can be up to ten years’ imprisonment.

Defenses

There are a number of defenses that can be raised to the offense of false statutory declarations. These include:

• The statement was made in error.
• The statement was made under duress.
• The statement was made in self-defense.

Conclusion

False statutory declarations are a serious offense that can undermine the integrity of the legal system. The penalties for false statutory declarations vary depending on the severity of the offense. There are a number of defenses that can be raised to the offense of false statutory declarations.

Additional Information

In addition to the criminal penalties that can be imposed for false statutory declarations, there may also be civil penalties. For example, a person who makes a false statutory declaration in connection with a civil lawsuit may be liable for damages.

It is important to note that the laws governing false statutory declarations vary from country to country. It is therefore important to consult with a local attorney if you are considering making a statutory declaration.

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