Attention - Criminal liability for false statements!

In order to protect the accuracy and integrity of the naturalization process, the legislator has created a separate criminal offence. This is intended to ensure that decisions on the granting of German citizenship are made on a correct basis and that trust in these decisions is protected. This is a so-called abstract endangering offense. This means that no actual damage must have occurred; the act itself is already punishable.

The punishable act

What is incorrect or incomplete information?

It is a criminal offense if someone deliberately passes on false information to the competent authority or conceals important information.

Incorrect information

Information is incorrect if it does not correspond to the truth.

Incomplete information

Information is incomplete if material facts are omitted even though there is an obligation to disclose them. This gives the impression that the information provided is complete, although important information for the decision is missing.

Making or using the information

The offense is already completed when the false or incomplete information is received by the competent authority. It is not necessary for naturalization to actually take place. Even the attempt is not punishable. Therefore, anyone who prepares false information but does not submit it to the authorities is not liable to prosecution under this law. The "use" of information occurs when false information that has already been provided in the past is referred to in the current procedure.

The materiality of the disclosures

Not every false statement is automatically punishable. The false information must relate to an "essential requirement" for naturalization. This means that the information must be objectively capable of influencing the authority's decision. Information that plays no role in the decision on naturalization is therefore not "material".

Naturalization at discretion

The situation may be different in the case of discretionary naturalization. In this case, the authorities have more leeway in their decision. Therefore, information about minor misconduct may also be considered material, as it could influence the authority's discretionary decision.

The intention is decisive

Intent is required for criminal liability. This means that the applicant must know that their information is false or incomplete. They must also at least accept that this information is of significance for the authority's decision. An oversight or negligent action is not sufficient for criminal liability. The act must also be done with the intention of "fraudulently" obtaining naturalization for oneself or another person.

Who can be liable to prosecution?

Anyone can be a perpetrator, not just the naturalization applicant themselves. Anyone who knowingly makes false statements in order to help another person obtain naturalization can also be punished. It is important that this person himself acts vis-à-vis the authorities. For example, anyone who only obtains forged documents which the applicant then uses themselves may be liable to prosecution for aiding and abetting.

The range of penalties

The law provides for a prison sentence of up to five years or a fine for such an offense.