The accused issued 19 incorrect #vaccination certificates against payment, which he provided with entries about allegedly performed first and #second vaccinations against the #SARS-CoV-2 virus (#Corona virus) together with #vaccine designation and #batch number, the alleged stamp of a #vaccination center and the imitated or invented signature of an alleged #vaccinator in #vaccination passports created by him or already issued. He was aware that his customers would present the certificates to third parties, such as #pharmacies for the creation of a digital #vaccination certificate or in #restaurants for proof of alleged #vaccinations of their person.<\/p>\n
Section 277 of the Criminal Code in the version in force before 24.11.2021 was applied. It read:<\/p>\n
“Whoever, under the designation to which he is not entitled as a #physician or as another licensed #medical person, or unauthorizedly under the name of such persons, issues a certificate concerning his or another’s #health condition, or falsifies such a genuine certificate and makes use of it to #deceive #authorities or #insurance companies<\/strong>, shall be punished by #imprisonment for not more than one year or by #fines.”<\/p>\n Since \u00a7 277 StGB a.F. is, according to the current ruling of 10.11. 2022 – 5 StR 283\/22 – contrary to the opinion of parts of the higher court #Justice is not a special provision that privileges the perpetrator of the falsification of #Health certificates in relation to that of a #Falsification of documents (\u00a7 267 StGB), the #Federal Court of Justice (#BGH) has overturned the #partial acquittal of the first instance competent #Landgericht and referred the case back for a new hearing and decision. Neither the purpose nor the systematic connection of the competing provisions nor the intention of the legislator provide any evidence for a #privilege. A fortiori \u00a7 277 StGB a.F. does not develop a “blocking effect” opposite the #forgery of documents (\u00a7 267 StGB), if the facts of the #forgery of #health certificates – as here – are not (completely) fulfilled.<\/p>\n The accused issued a certificate about another #health condition under the designation not entitled to him as #vaccinator or unauthorized under the name of such or falsified such a genuine certificate. However, he apparently did not make use of this to #deceive #authorities or #insurance companies.<\/strong><\/p>\n The #BGH has now cleared the way for a possible #conviction for #falsification of documents.<\/p>\n","protected":false},"excerpt":{"rendered":" The accused issued 19 incorrect #vaccination certificates against payment, which he provided with entries about allegedly performed first and #second vaccinations against the #SARS-CoV-2 virus (#Corona virus) together with #vaccine designation and #batch number, the alleged stamp of a #vaccination center and the imitated or invented signature of an alleged #vaccinator in #vaccination passports created […]<\/p>\n","protected":false},"author":4,"featured_media":5333,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":"","_links_to":"","_links_to_target":""},"categories":[46,48],"tags":[],"class_list":["post-5735","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog-en","category-criminal-law"],"acf":[],"_links":{"self":[{"href":"https:\/\/fehn-legal.de\/en\/wp-json\/wp\/v2\/posts\/5735","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fehn-legal.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fehn-legal.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fehn-legal.de\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/fehn-legal.de\/en\/wp-json\/wp\/v2\/comments?post=5735"}],"version-history":[{"count":0,"href":"https:\/\/fehn-legal.de\/en\/wp-json\/wp\/v2\/posts\/5735\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fehn-legal.de\/en\/wp-json\/wp\/v2\/media\/5333"}],"wp:attachment":[{"href":"https:\/\/fehn-legal.de\/en\/wp-json\/wp\/v2\/media?parent=5735"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fehn-legal.de\/en\/wp-json\/wp\/v2\/categories?post=5735"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fehn-legal.de\/en\/wp-json\/wp\/v2\/tags?post=5735"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}