Criminal liability for forgery of vaccination records: Government plans to change the legal situation in order to achieve uniformity

The criminal liability for falsifying vaccination passports is to be re-regulated because judges and public prosecutors have recently had different assessments of the submission of falsified corona vaccination certificates.

Berlin – After an extensive examination of the legal situation, one is still of the opinion that there is no criminal liability loophole, said a spokeswoman for the Federal Ministry of Justice on Friday in Berlin. In order to dispel existing legal uncertainties and to give the courts a clear basis for decision-making, the ministry will nevertheless “promptly present a proposal to amend the penal code that clarifies the legal situation”. Government spokesman Steffen Seibert emphasized that “it must be clear to everyone that it is no trivial matter to forge a vaccination card”. Because whoever does this is showing other people a health protection that he does not have and thereby endangering them. That should be taken very seriously.

The Union parliamentary group had demanded severe penalties for people who produce, sell or use fake vaccination certificates to circumvent measures to contain the corona pandemic. She announced that she would introduce a draft for a “law to improve protection against falsified vaccination records” in the Bundestag. The aim is to close a loophole in the law that Justice Minister Christine Lambrecht (SPD) has given too little attention to. The Justice Ministers’ Conference asked Lambrecht in June to examine a possible need for reform and to draw up a draft law. The topic was brought up again at the Prime Minister’s Conference in October. The country leaders emphasized that a legal situation was necessary “with which all cases of falsification of health certificates can be adequately sanctioned”.

In October, the Osnabrück Regional Court had ruled that showing a forged vaccination card in a pharmacy to obtain a digital vaccination certificate was not a criminal offense under the current legal situation. It is to be assumed that there is a «criminal liability loophole». On the other hand, the public prosecutor in Celle said on Thursday: “There is no reason to assume a criminal liability loophole. Such a would obviously contradict the will of the legislature. ” (dpa)

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