Making false statements can have serious criminal consequences, particularly in court. The key factor is who, in what procedural capacity, knowingly makes a false statement to which authority.
Yes, if the elements of a criminal offense are met. The key factors are, above all, the location where the statement was made, the role of the person making the statement, the content of the statement, and intent. Not every inaccurate statement automatically constitutes a criminal false statement.
A false unsworn statement under Section 153 of the German Criminal Code (StGB) requires that the statement be made before a court or another body authorized to conduct sworn testimony. Typical offenders are witnesses and expert witnesses.
A statement is false if its content does not correspond to reality. Even deliberately incomplete information can be problematic if it distorts the facts of the incident relevant to the interrogation.
In principle, only intentional conduct is punishable. Memory lapses, misunderstandings, or an objectively incorrect perception are not sufficient to constitute a violation of Section 153 of the German Criminal Code (StGB) if the person believed their statement to be true. It is precisely this distinction that is often the decisive factor in practice.
Making false statements in court is punishable, in particular, as a false unsworn statement under § 153 of the German Criminal Code (StGB) or as perjury under § 154 of the German Criminal Code (StGB). Making a false unsworn statement is punishable by imprisonment for a term of three months to five years. In the case of perjury, the minimum sentence is generally one year.
The elements of a criminal offense are not limited to criminal proceedings. Intentionally giving false testimony before a civil, family, or labor court may also be a criminal offense.
| Situation | Possible criminal offense | Penalty range |
|---|---|---|
| Intentionally making a false statement as a witness in court, without taking an oath | False statement made without oath, § 153 StGB | Imprisonment for a term of 3 months to 5 years |
| Intentionally making a false oath before a court or competent authority | Perjury, § 154 of the German Criminal Code (StGB) | Generally, a prison sentence of at least 1 year |
| False Affidavit Before a Competent Authority | § 156 of the German Criminal Code (StGB) | Imprisonment for up to 3 years or a fine |
| Negligent perjury or negligent false affirmation under oath | § 161 StGB | Imprisonment for up to 1 year or a fine |
Perjury is generally a felony due to the minimum sentence of one year. In less serious cases, Section 154(2) of the German Criminal Code (StGB) provides for a range of penalties from six months to five years.
Anyone in Mainz who is confronted with such an allegation—whether as a witness, defendant, or family member involved in a proceeding—should first clarify their role in the proceedings, for example by Lawyer from Mainz Have this clarified. Obligations to testify, rights to remain silent, and possible defense strategies all depend on this.
Making a false statement to the police generally does not constitute a violation of Section 153 of the German Criminal Code (StGB), because the police are not an authority authorized to conduct sworn interrogations. However, this does not mean that providing false information to police officers is always exempt from punishment.
Depending on the content, other criminal offenses may apply. This applies, for example, to:
Example: A witness deliberately tells the police that he or she saw a specific person during an assault, even though that person was not at the scene of the crime. Section 153 of the German Criminal Code (StGB) generally does not apply at this point. However, deliberately incriminating an innocent person may be punishable as false accusation.
If the witness repeats the same story later in court, this may also constitute a false unsworn statement. An early Criminal defense in Mainz ...or other cities may therefore be a deciding factor even before further questioning takes place.
Suspects and defendants are not witnesses in their own criminal proceedings. They are not required to incriminate themselves, have the right to remain silent, and, as a general rule, are not punished under Section 153 of the German Criminal Code (StGB) for making false statements regarding their own actions.
This right does not give anyone carte blanche to make any claim. Anyone who knowingly makes a false accusation against another person, fabricates evidence, or commits other criminal offenses may thereby be subject to additional criminal liability.
Separate rules apply to family members. Certain close relatives of the accused may refuse to testify at all. Other witnesses may refuse to answer specific questions if doing so would expose them or a family member to the risk of criminal prosecution.
„The most dangerous moment is often not the first incorrect statement, but the attempt to salvage it with further spontaneous explanations. Before making a correction, it must be clarified in what capacity the person made the statement and what criminal risks already exist.”
Waldemar Dill, attorney specializing in criminal law
False statements may be corrected. Under Section 158 of the German Criminal Code (StGB), the court may reduce the sentence or waive punishment if the correction is made in a timely manner. However, the correction does not automatically nullify the offense that has already been committed.
The correction must be made to the party that made the false statement or to an authority capable of reviewing the proceedings. It must clearly identify the incorrect portion and correct the content. A vague attempt to downplay the issue is generally insufficient.
According to the official wording of § 158 of the German Criminal Code (StGB) on the Correction of False Information A correction may be too late, among other reasons, if it can no longer be taken into account in the decision, if a disadvantage has already been caused to another party, or if an investigation has already been initiated against the perpetrator.
Whether and how a statement is corrected should therefore not be left to chance. This also applies to individuals in the Wiesbaden area who, due to a related allegation, have Criminal defense in Wiesbaden need.
As a general rule, witnesses must appear in court and testify truthfully. An exception applies if they have the right to refuse to testify or provide information.
According to § 55 of the Code of Criminal Procedure (StPO) on the Right to Refuse to Give Information A witness may refuse to answer questions if doing so would expose the witness or a legally designated relative to the risk of prosecution for a criminal offense or administrative offense. This right applies to specific incriminating questions.
The right to refuse to testify under Section 52 of the Code of Criminal Procedure (StPO) extends further. Among other things, it allows fiancés, spouses, domestic partners, and certain close relatives of the accused to refuse to testify altogether.
Any risk of incriminating oneself should be addressed openly, without hastily describing the incriminating facts. A witness may seek the assistance of a lawyer to clarify his or her rights.
A person who makes a false statement to protect themselves or a family member from punishment is not automatically exempt from punishment. However, Section 157 of the German Criminal Code (StGB) allows the court to reduce the sentence or waive punishment in cases of false unsworn statements. In cases of perjury, the sentence may be reduced.
The provision covers a specific conflict situation but does not generally excuse every lie told on behalf of a family member. It is required that the false statement be intended to avert an imminent punishment or a measure involving deprivation of liberty.
Therefore, invoking an “emergency requiring a statement” does not replace an examination of the individual case. In addition to the relationship with the accused, the content of the statement, the motivation, and the specific risk situation must be examined.
Those involved should initially remain silent and allow the specific allegations against them to be clarified. An unprepared defense can exacerbate contradictions and make it more difficult to provide a timely, clear correction.
The legal basis for a false unsworn statement is derived from § 153 of the German Criminal Code (StGB). The significantly higher penalty range for perjury is set out in § 154 StGB.
After reviewing the case file, it is possible to determine whether the statement was objectively false, whether intent can be proven, and whether a correction would still be appropriate. For defendants from Southern Hesse, this review can be conducted, for example, by a Criminal law lawyer in Darmstadt or in other cities.
Fees for legal services are determined, depending on the scope and significance of the case, either in accordance with the Lawyers’ Fees Act (RVG) or an individual fee agreement. An early legal review can help prevent further incriminating statements and work toward having the preliminary investigation closed without charges being filed.
When does the statute of limitations expire for a false statement?
The statute of limitations for prosecution is five years for a false unsworn statement under Section 153 of the German Criminal Code (StGB) and, in principle, 20 years for perjury under Section 154 of the StGB. A five-year statute of limitations also applies to a false affirmation under oath pursuant to § 156 StGB. The statutory maximum penalties and the time limits set forth in § 78 StGB are decisive. The statute of limitations generally begins when the offense is completed, but it may be interrupted by certain investigative measures under Section 78c of the German Criminal Code (StGB). Therefore, for false testimony in court, the specific time of the offense alone is not always decisive.
Is a conviction for making a false statement recorded on a criminal record?
A criminal conviction for making a false statement is generally recorded in the Federal Central Register, but does not necessarily appear on a standard criminal record certificate. Fines of up to 90 daily rates and prison sentences of up to three months are generally not included under Section 32(2) of the Federal Central Register Act (BZRG) if no other conviction is recorded in the register. In cases of perjury, the minimum sentence is generally one year, so a corresponding conviction typically appears on the criminal record. The law thus makes certain false statements a criminal offense and links them to potential professional and personal consequences.
Can you be charged with a crime if you persuade a witness to lie?
Anyone who knowingly induces a witness to make a deliberate false statement may be punished for incitement to make a false unsworn statement or for perjury. Under § 26 of the German Criminal Code (StGB), the instigator is generally punished in the same way as the perpetrator. If the person making the statement does not realize that their statements are false, the person influencing them may be charged with incitement to make a false statement under § 160 of the German Criminal Code (StGB). This offense is punishable by imprisonment for up to two years or a fine. Messages or chat logs that prove collusion may also be used as evidence in preliminary investigations.
Who is the best lawyer to hire if you're accused of making a false statement?
A qualified attorney specializes in criminal law, reviews the investigative file at an early stage, and carefully distinguishes between objective inaccuracies, intent, memory lapses, and permissible refusal to testify. Attorney Waldemar Dill meets these criteria through his specialization in criminal law and a defense strategy that begins as early as the preliminary investigation. After reviewing the case files, the Dill Law Firm can assess whether the elements of the offense are met, whether a correction appears advisable, or whether efforts can be made to have the case dismissed or to prevent an indictment.
