Accused person: clarify the allegation and file first.
Do not give a spontaneous explanation before the object, alleged conduct and evidence are known. From a lawyer’s perspective, defence starts with file access and a structured chronology.
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Falsification of data under section 225a StGB as digital evidence
Section 225a StGB: false or altered data with evidentiary function. Distinction from documents, cybercrime and evidence.
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Mag. Christopher Angerer, Rechtsanwalt
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17 August 2026 · Mag. Christopher Angerer, Rechtsanwalt
Digital data is often central evidence today: time records, booking data, log files, platform data or electronic confirmations. If such data is falsely created or altered, section 225a StGB may apply.
This article explains from a lawyer’s perspective when falsification of data becomes relevant, how it differs from document offences and falsification of evidence, and which first steps are useful with digital evidence.
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Quick assessment
Which question should be clarified first?
The first reaction depends on the precise allegation.
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Which situation fits best?
For section 225a StGB, data, evidentiary function, alteration and intended use must be separated.
All paths at a glance
Overview of all answers.
Prepare file access →
Affected person: secure evidence and define the aim.
Secure documents, messages and witnesses. Then assess whether a complaint, surrender request, seizure application or another procedural step is useful.
Digital alteration: preserve the original state.
With digital data, the original state is decisive. Files, export time, system rights and metadata should be preserved before any explanation is given.
Urgent situation: preserve evidence, do not improvise.
If an appointment, seizure or escalation is imminent, first preserve the current position. Then decide whether a statement, application or contact with the authority is useful.
Elements of falsification of data under section 225a StGB
Elements of falsification of data under section 225a StGB
Section 225a StGB concerns data intended to serve as evidence in legal dealings. It is about false or altered data, not every technical problem or database error.
Practical examples include time records, booking lists, electronic confirmations, export files, log files and platform data. The key is whether data with evidentiary function was created or changed.
From a lawyer’s perspective, the review starts with system, access, timing and purpose of the alteration.
Distinction from document offences and cybercrime
Distinction from document offences and cybercrime
Falsification of data is not a generic cybercrime label. Hacking allegations, data damage and false electronic confirmations may concern different offences.
Document forgery under section 223 StGB concerns documents in the traditional sense. Section 225a focuses on data with evidentiary function.
Related background is available on cybercrime, document forgery and falsification of evidence.
Preserving digital evidence correctly
Preserving digital evidence correctly
Important evidence includes original files, hash values, metadata, export logs, system rights, user roles and backups. Time and method of export should also be documented.
Accused persons should not delete or correct files afterwards. Affected persons should not rely only on screenshots, but keep source, export and access traceable.
In company data, separate who was technically able to change something and who was responsible for the content. These roles are not always the same.
First steps when an allegation or suspicion arises
First steps when an allegation or suspicion arises
Before any statement, clarify which data is meant. A general allegation of false data is too vague for a useful response.
Then reconstruct access, time of alteration, versions and purpose. The more technical the file, the more important a clear chronology becomes.
From a lawyer’s perspective, defence should not only explain what happened, but also show what is technically not proven.
Overview
Key review points in practice
Quick assessment
| Point | Meaning | First question |
|---|---|---|
| Data | electronic information | Which file is meant? |
| Evidence function | use in legal dealings | What was it meant for? |
| Alteration | input, change or deletion | Who had access? |
| Original state | comparison version | What is preserved? |
Important: Do not delete, overwrite or re-export digital data before preserving the original state.
Frequently asked questions
Falsification of data under section 225a StGB as digital evidence: key questions.
What is falsification of data under section 225a StGB? +
It concerns false or altered data intended to be used as evidence in legal dealings.
Is every database error criminal? +
No. Evidentiary function, a relevant creation or alteration and the necessary intent are required.
What should be preserved first with digital evidence? +
Original file, metadata, export time, system rights and all versions should be preserved as unchanged as possible.
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Topics
section 225a StGBfalsification of datadigital evidencelog filesdocumentscriminal proceedings
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