Criminal defense for Forgery in Bonn

Legal Basis

§ 267 StGB

Sentencing Range

Imprisonment of up to five years or a fine

Summary

Producing a counterfeit document, falsifying a genuine document, or using a counterfeit or falsified document for deception

An accusation of forgery under Section 267 StGB covers far more than faked signatures – from altered documents to the use of false papers – and often accompanies fraud proceedings. The key questions are whether a document was falsified or used and with what intent. Attorney Philip Bafteh defends accused persons in Bonn, Cologne and nationwide – after full access to the case file.

Document Forgery (Section 267 German Criminal Code) – Criminal Defense Against Forgery Charges

Document forgery is an offence against the security and reliability of legal transactions. It protects trust in the authenticity and content accuracy of documents and covers a wide range of situations in practice – from forged medical certificates and manipulated contracts to false identity documents. For expats in Germany, this provision is relevant because misunderstandings about document requirements can lead to serious criminal liability.

Statutory Text – Section 267 StGB

Paragraph 1: Whoever, for the purpose of deception in legal transactions, produces a counterfeit document, falsifies a genuine document, or uses a counterfeit or falsified document, shall be punished with imprisonment of up to five years or a fine.

Paragraph 2: Attempt is punishable.

Paragraph 3: In especially serious cases, the penalty shall be imprisonment from six months to ten years.

Elements of the Offence in Detail

Document: A document is any embodied declaration of thought that is suitable and intended for proof in legal transactions and identifies its author. Beyond classic written documents, this includes certified copies, official stamps, and under certain conditions electronic documents.

Producing a counterfeit document: A document is counterfeit if it creates the appearance of originating from someone other than its actual producer. The core lies in the identity deception regarding the author.

Falsifying a genuine document: Falsification occurs when the content of a genuine document is subsequently altered so as to create the appearance that the document originally had this content.

Using: Using means making the counterfeit or falsified document accessible to a third party so that they can take notice of it.

For deception in legal transactions: The offender must intend to deceive in legal transactions – to create a false impression about the authenticity in another person.

Typical Methods of Commission

Document forgery arises in practice as forging sick notes and medical certificates, manipulating contracts, invoices, or receipts, producing forged diplomas or certificates, forging vehicle documents (registration certificates, inspection stickers), manipulating bank statements and financial statements, and forging identity documents (the latter are also covered by special provisions beyond Section 267).

Sentencing Range

Simple document forgery is punished with imprisonment of up to five years or a fine. Attempt is punishable. In especially serious cases (para. 3) – particularly commercial or gang-related commission – the penalty is imprisonment from six months to ten years.

Typical Defense Strategies

Defense against forgery charges first examines whether a document within the criminal law sense actually exists and whether the intent to deceive can be proven. In cases of falsification, it is relevant whether the accused was authorised to make changes. The question of intent regularly offers points of attack – particularly where the accused did not recognise the legal significance of their conduct. BAFTEH Criminal Defense examines every case for individual defense approaches and develops a strategy tailored to the specifics of the case.

Criminal courts in Bonn and Cologne

Proceedings in the region are usually handled by the public prosecutor’s office (Staatsanwaltschaft) in Bonn or Cologne, with penalty orders and trials before the Bonn Local Court (Amtsgericht Bonn) or the Cologne Local Court; more serious cases go to the Regional Court (Landgericht). Criminal defense attorney Philip Bafteh represents English-speaking clients at all stages – from the first letter to the trial.

Frequently asked questions

What counts as a document (Urkunde)? Any embodied declaration intended as evidence and showing its issuer – contracts, signatures, certificates; data can be covered by related offences.

Is using a forged document as bad as making one? Making, altering and using are all covered by Section 267 – the use of a forgery alone is sufficient for liability.

Is a photocopy a forgery? Plain copies are usually not documents in the legal sense – a frequent and important defense point.

What penalty do I face? A fine or imprisonment of up to five years; in many first-time cases a penalty order or discontinuation is achievable.

Summons or accusation of Forgery? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Forgery requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Purpose, authenticity and issuer identity

In forgery cases, what matters is the legal concept of a document, its authenticity and the identity of its issuer: not every incorrect statement is a forged document. The defence examines whether a document in the legal sense exists at all, whether the issuer was misrepresented, whether the act served to deceive in legal dealings, and whether intent existed. Confiscation of the forged items may also come into question.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.