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Forgery of documents: production, alteration and use (Section 223 StGB)

Forgery of documents under Section 223 StGB: producing a false document, altering a genuine one and use in legal transactions, the concept of a document and Section 224 StGB.

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27 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

The accusation of forgery of documents takes many people by surprise, for instance with an altered invoice, an imitated signature or a used document whose authenticity is doubtful. Section 223 StGB makes both production and alteration and the mere use punishable. The decisive point is whether a document within the criminal-law meaning exists at all and whether there was an intent to use it.

This post explains from a legal perspective what the elements of forgery of documents require, what counts as a document in criminal law, when use under para 2 is punishable and what higher penalty Section 224 StGB provides for specially protected documents. This is general information, not advice in an individual case.

Which situation applies to you?

Four situations, one clear next step.

Whether forgery of documents exists depends on whether a false document was produced, a genuine one altered or such a document used, and whether there was an intent to use it. Choose your situation and you will receive the key points and the next concrete step.

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01 Question 1

What does your case involve?

Whether forgery of documents exists depends on whether a false document was produced, a genuine one altered or such a document used, and whether there was an intent to use it. Choose your situation and you will receive the key points and the next concrete step.

All paths at a glance

Overview of all answers.

01

Accusation of producing a false document: examine the concept of a document and the intent to use.

Section 223 para 1 StGB covers anyone who produces a false document with the intent that it be used in legal transactions as evidence of a right, a legal relationship or a fact. The penalty reaches up to one year of imprisonment or a fine of up to 720 daily rates.

From a legal perspective it must be examined whether a document within the criminal-law meaning exists at all and whether there was an intent to use it. Do not make any statement on the substance before you have inspected the file and taken advice.

In depth: the elements of forgery of documents →
02

Accusation of altering a genuine document: examine the alteration and the intent to use.

In addition to production, Section 223 para 1 StGB also covers the alteration of a genuine document. Altering means changing a genuine document so that its content no longer corresponds to what the issuer declared. Here too the intent to use is required.

From a legal perspective what matters is the precise nature of the alteration and whether it affects the evidential character of the document. This classification should be carried out carefully.

In depth: what a document is →
03

Accusation of use: Section 223 para 2 StGB covers using a false document.

Under Section 223 para 2 StGB it is equally punishable to use a false or altered document in legal transactions as evidence of a right, a legal relationship or a fact. The use is therefore also punishable where the document was produced by another person.

From a legal perspective it is central whether you knew or had to be aware that the document was false or altered. This subjective side must be examined precisely.

In depth: use in legal transactions →
04

Official or specially protected document: Section 224 StGB provides a higher penalty.

If the act concerns a specially protected document, such as a public or official document, the aggravation of Section 224 StGB comes into consideration. It provides a higher penalty than the basic offence under Section 223 StGB.

From a legal perspective the classification of the document is decisive, because it determines the applicable offence and thus the penalty range. This question should be clarified early.

In depth: specially protected documents →

The elements of forgery of documents under Section 223 StGB

Section 223 StGB protects the security and reliability of dealings with documents.

Producing and altering. Under Section 223 para 1 StGB a person is criminally liable who produces a false document with intent, or alters a genuine document with intent, that it be used in legal transactions as evidence of a right, a legal relationship or a fact.

Penalty. The act is punishable by imprisonment of up to one year or a fine of up to 720 daily rates.

Intent to use. The intent to use the document in legal transactions for evidential purposes is required. From a legal perspective this subjective requirement in particular must be examined precisely.

What a document is in criminal law

Not every piece of writing is a document within the meaning of Section 223 StGB.

Evidential purpose. A document is a writing intended to prove a right, a legal relationship or a fact and which makes an issuer identifiable.

False and altered. A false document exists where there is deception about the issuer, that is where the apparent issuer is not the person who actually drew up the document. A genuine document is altered where its content is subsequently changed so that it no longer corresponds to the issuer’s declaration.

From a legal perspective the precise classification of the writing is often the first decisive step.

Use in legal transactions under Section 223 para 2 StGB

It is not only forging that is punishable, but also using.

Use. Under Section 223 para 2 StGB it is equally punishable to use a false or altered document in legal transactions as evidence of a right, a legal relationship or a fact. The penalty corresponds to that of para 1.

Independent of production. The use is also punishable where the document was produced or altered by another person. What is decisive is that the person using it knows of the falsity or alteration.

From a legal perspective the concrete state of knowledge of the user must therefore be examined precisely.

Specially protected documents under Section 224 StGB

For certain documents a stricter rule applies.

Aggravation. Section 224 StGB concerns the forgery of specially protected documents, such as public or official documents. For these cases a higher penalty is provided than for the basic offence under Section 223 StGB.

Significance of the classification. Whether a document falls under the basic offence or under the aggravation determines the applicable penalty range. The distinction is therefore of considerable practical significance.

From a legal perspective the type of document should be clarified early, because it shapes the course of the proceedings.

Connection with other offences

Forgery of documents often does not stand alone.

Connection with fraud. A forged document is frequently used to deceive another person and induce them to an act causing financial loss. In such cases, in addition to Section 223 StGB, fraud under Section 146 StGB also comes into consideration.

Independent criminal liability. Forgery of documents is, however, an independent offence and can be punishable even without financial loss, because it protects the reliability of dealings with documents.

From a legal perspective clarifying which offences are at issue is important for the defence.

The most common mistakes when accused of forgery of documents. Assuming that a small alteration to a document is harmless. Using a document without checking its origin. Making a statement as an accused person without inspecting the file and misrepresenting the facts. In all cases the rule is: have the accusation, the type of document and your own state of knowledge clarified early.

Frequently asked questions

What you need to know about forgery of documents.

What is forgery of documents under Section 223 StGB? +

It is punishable to produce a false document or alter a genuine document, in each case with the intent to use it in legal transactions as evidence of a right, a legal relationship or a fact. Under para 2 the use of such a document is also punishable.

What penalty is faced for forgery of documents? +

The basic offence under Section 223 StGB is punishable by imprisonment of up to one year or a fine of up to 720 daily rates. If the act concerns a specially protected document, the higher penalty of Section 224 StGB comes into consideration.

Is using a forged document also punishable? +

Yes. Under Section 223 para 2 StGB it is equally punishable to use a false or altered document in legal transactions for evidential purposes. This also applies where the document was produced by another person, provided the person using it knows of the falsity.

What applies to official documents such as identity papers? +

For specially protected documents, such as public or official documents, Section 224 StGB provides a higher penalty than the basic offence under Section 223 StGB. The precise classification of the document determines the applicable penalty range.

What can I do if I am accused of forgery of documents? +

From a legal perspective you should first inspect the file and clarify the precise accusation. It should be examined whether a document within the criminal-law meaning exists at all and whether there was an intent to use it. Do not make any statement on the substance before you have taken advice.

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What to do after a criminal complaint in Austria? The general overview

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Topics
forgery-of-documentssection-223section-224documentalterationlegal-transactions

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