Anyone who falsifies a vaccination certificate is liable to prosecution

Dhe forgery of vaccination passports is booming. You can buy the document with a stamp and signature on the Internet for 150 euros. This path becomes all the more tempting for those who refuse to vaccinate, the more federal states decide in favor of the 2-G rule. And in the end it wasn’t even entirely clear whether they would be making themselves liable to prosecution.

The Osnabrück district court found a criminal liability loophole in the law at the beginning of November. The judges argued that anyone who presents a forged vaccination card in a pharmacy to get a digital vaccination certificate is not a criminal offense under the current legal situation. To make matters worse: After digitization, there is no longer any possibility to check whether the vaccination certificate is forged.

The public prosecutor’s offices in Lower Saxony contradicted the Osnabrück criminal chamber, other courts also judged the legal situation differently, but Union politicians were the first to urge that the legal uncertainty be eliminated. After the Federal Ministry of Justice only announced that it would examine the question, the traffic light parties have now agreed to improve the penal code. The changes are part of the draft law on the Infection Protection Act, which the Bundestag will discuss in the first reading on Thursday.

Are vaccination records “certificates”?

From a legal point of view, the most interesting point is found in the reasoning for the law. There it says that health certificates, including vaccination passports, are usually documents, so that the criminal offense of forging documents comes into play if vaccination passports are forged.

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