Forged or false documents often play a central role in large and complex white-collar criminal proceedings. In particular in offences involving financial or property damage, forged or false documents are frequently used as a means of committing the offence. They commonly appear in forged purchase agreements, manipulated accounting records, or falsified payslips. In such proceedings, the creation or use of these tools is often absorbed by the more severely sanctioned offences under financial criminal law and is therefore not punished separately. However, it must not be overlooked that document forgery in Austria constitutes a separate criminal offence in its own right, punishable by a fine or imprisonment.
In criminal law practice, it is evident that document forgery is not limited to the areas mentioned above, but also plays a role in everyday situations. This includes, for example, forging disability ID cards, tampered vehicle inspection stickers, or the use of documents bearing someone else’s signature.
Through offences relating to documents, criminal law protects trust in the authenticity of documents on which authorities, companies, and private individuals rely on a daily basis. This article therefore explains when document forgery is committed, which forms it takes, what penalties may apply, and what matters in practice.
What is a “document” in the criminal law sense?
Not every written record automatically qualifies as a document within the meaning of § 74(1) no. 7 of the Austrian Criminal Code (StGB).
Under Austrian criminal law, a document exists where there is a written declaration of thought which is intended to serve as proof of a right, a legal relationship, or a legally relevant fact.
Typical documents include identity cards, passports, driving licences, certificates, contracts, payslips, invoices, medical certificates, or official notices.
What forms of document forgery exist?
Document forgery is governed by § 223 StGB. The law distinguishes several variants, although in practice the use of a forged document under § 223(2) StGB is particularly significant.
Creating a false document (§ 223(1) StGB)
A false document is created where a document is produced which does not originate from the purported issuer. This is the case, for example, where an identity document is entirely fabricated or a signature is invented.
Altering a genuine document (§ 223(1) StGB)
A genuine document is altered where its content is subsequently changed without authorisation in such a way that the impression is created that the amended content originates from the original issuer.
Using a forged or altered document (§ 223(2) StGB)
In practice, this offence is particularly relevant. It is already punishable to use a forged or altered document in legal dealings, for example by submitting, presenting, or sending it — even if the person did not themselves create or alter the document. In such cases, however, it is decisive whether the offender acted with intent, i.e. whether they knew the document was false and used it in legal dealings.
What does “use in legal dealings” mean?
A document is used in legal dealings where it is deployed in a legally relevant manner. This applies not only in dealings with authorities, but also vis-à-vis private individuals or companies, for example in job applications, when concluding contracts, or in banking transactions. Examples of use include transmitting, presenting, attaching, or submitting a document.
Document forgery or “Lugurkunde”: what is the difference?
Not every document containing false information automatically amounts to document forgery.
A so-called Lugurkunde (also referred to as a “written lie”) exists where a document is factually incorrect in its content, but genuine. In other words, it actually originates from the stated issuer.
Examples include incorrect employment or salary confirmations, or false certificates concerning legally relevant facts, provided they were issued by the stated issuer.
Example: A doctor, at a patient’s request, issues a false medical certificate stating an illness which is intended to prevent the patient from attending a court hearing.
The offence of document forgery primarily protects the authenticity of the document, not necessarily the truthfulness of its content.
Since a Lugurkunde does not involve deception as to the issuer, it does not constitute document forgery within the meaning of § 223 StGB. However, this does not mean that Lugurkunden are generally not punishable. Depending on how they are used, they may be relevant as falsification of evidence (§ 293 StGB) or may constitute fraud (§ 147(1) no. 1 StGB).
What are “specially protected documents” under § 224 StGB?
Certain documents enjoy enhanced criminal law protection because trust in their authenticity is considered particularly worthy of protection.
These include in particular:
- public documents such as passports, identity cards, or driving licences
- equivalent foreign public documents
- testamentary dispositions (wills)
- certain securities
Everyday documents such as vehicle inspection stickers or school and university certificates may also fall under this enhanced protection. The heightened protection of these documents results in higher penalties for their forgery or use.
What penalties apply for document forgery?
- For document forgery under § 223 StGB, the penalty is imprisonment for up to one year or a fine of up to 720 daily rates.
- For the forgery of specially protected documents under § 224 StGB, imprisonment of up to two years may be imposed.
Which penalty applies in a given case depends largely on the type of document and the specific act committed.
Is withdrawal or “active repentance” possible?
In cases involving the creation or alteration of a document, under certain conditions active repentance (tätige Reue) under § 226 StGB may lead to complete exemption from punishment. The key requirement is that the document is voluntarily destroyed or rendered unusable before it is used in legal dealings.
Where the document has already been used (§ 223(2) StGB), active repentance is excluded. In such cases, only withdrawal from an attempt under § 16 StGB may be relevant, provided the use has not yet been completed.
Distinction from suppression of documents (§ 229 StGB)
Document forgery must be distinguished from suppression of documents under § 229 StGB. This offence is committed where a document is destroyed, damaged, or suppressed in order to prevent it from being used as evidence in legal dealings. The document itself remains unchanged.
Why is legal advice important if you are accused of document forgery?
Offences relating to documents occur frequently in practice and can be legally complex. The distinction between document forgery, Lugurkunde, falsification of evidence, suppression of documents, or (document-related) fraud is often difficult for non-lawyers to understand. However, it has significant consequences for criminal liability and sentencing.
Early advice from a criminal defence lawyer specialising in criminal law is therefore crucial in order to:
- classify the facts correctly from a legal perspective,
- identify potential defence strategies,
- examine withdrawal or repentance options in time, and
- effectively exercise your rights in the proceedings.
If you are facing an allegation of document forgery or are uncertain how a particular behaviour should be assessed legally, early legal advice from a criminal defence lawyer is of decisive importance.
We are happy to support you in carefully assessing your situation and to represent your interests in the criminal proceedings.
Contact usFAQ: Frequently Asked Questions about Document Forgery
A document exists in the criminal law sense where there is a written declaration of thought intended to serve as proof of a right or a legally relevant fact. Not every written record is therefore a document; the decisive factor is its intended evidential purpose.
The Criminal Code recognises several forms of document forgery and distinguishes between creating, altering, and using a document. In practice, the use of a false document is particularly relevant, and it requires intent.
In document forgery, there is deception as to the issuer and the document is not genuine. A Lugurkunde, by contrast, is genuine but contains false information and may nevertheless be punishable.
Specially protected documents are those to which the legislature attaches particular trust and which therefore enjoy enhanced criminal law protection. These include public documents in particular, and their forgery is punished more severely.
For basic document forgery, a fine or imprisonment for up to one year may be imposed. For specially protected documents, the penalties increase and imprisonment of up to two years may be imposed.
In suppression of documents, the document is not altered; instead, its use as evidence is prevented. Document forgery, by contrast, affects authenticity or content and involves deception as to the issuer.
The legal distinctions are complex and have significant consequences for criminal liability and sentencing. Early legal advice protects your rights and improves your defence options.
