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Impersonating public authority under section 314 StGB: police, authorities and false official appearance

Impersonating authority under section 314 StGB: false official appearance, distinction from abuse of office and first steps.

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23 July 2026 · Mag. Christopher Angerer, Rechtsanwalt

Impersonating public authority under section 314 StGB concerns the allegation of assuming an official act or presenting oneself as an authority or official without being authorised. For the defence, precise distinction matters: false official appearance is different from abuse of office by real officials.

This post provides general information for defendants and affected persons in Austria. It does not replace review of the concrete file or advice in an individual case.

Stay informed. New updates from the Brandauer network and current posts are available at brandauer-news.at.

Quick assessment

Which question should be clarified first?

The right strategy depends on the allegation, file status and next procedural step.

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01 Question 1

Which situation is closest to your case?

Choose the situation that best matches your current position.

All paths at a glance

Overview of all answers.

01

Clarify the allegation from the file first.

Impersonating public authority under section 314 StGB concerns the allegation of assuming an official act or presenting oneself as an authority or official without being authorised. For the defence, precise distinction matters: false official appearance is different from abuse of office by real officials.

At its core, the issue is an appearance of official authority. This may involve claiming to act on behalf of an authority, performing an official act or claiming a power that does not exist.

What section 314 StGB may cover →
02

Secure evidence completely.

Impersonating public authority under section 314 StGB concerns the allegation of assuming an official act or presenting oneself as an authority or official without being authorised. For the defence, precise distinction matters: false official appearance is different from abuse of office by real officials.

At its core, the issue is an appearance of official authority. This may involve claiming to act on behalf of an authority, performing an official act or claiming a power that does not exist.

What section 314 StGB may cover →
03

Only make a prepared statement.

Impersonating public authority under section 314 StGB concerns the allegation of assuming an official act or presenting oneself as an authority or official without being authorised. For the defence, precise distinction matters: false official appearance is different from abuse of office by real officials.

At its core, the issue is an appearance of official authority. This may involve claiming to act on behalf of an authority, performing an official act or claiming a power that does not exist.

What section 314 StGB may cover →
04

Set the defence line in time.

Impersonating public authority under section 314 StGB concerns the allegation of assuming an official act or presenting oneself as an authority or official without being authorised. For the defence, precise distinction matters: false official appearance is different from abuse of office by real officials.

At its core, the issue is an appearance of official authority. This may involve claiming to act on behalf of an authority, performing an official act or claiming a power that does not exist.

What section 314 StGB may cover →

What section 314 StGB may cover

At its core, the issue is an appearance of official authority. This may involve claiming to act on behalf of an authority, performing an official act or claiming a power that does not exist.

Not every clumsy sentence and not every private dispute with some official reference is impersonation of authority. External appearance, concrete conduct and deceptive effect are decisive.

The defence checks whether an official connection was objectively created and whether the person knew that such authority did not exist.

Distinction from abuse of office and corruption allegations

Abuse of office under section 302 StGB concerns real officials who knowingly misuse their authority. Impersonation under section 314 concerns precisely the absence of genuine official status or power.

Corruption allegations are different again. They concern benefits, influence and breach of duty in an official context. Section 314 StGB focuses on presenting oneself as an alleged authority or official.

This distinction is not merely theoretical. It decides which evidence matters, which witnesses are questioned and which defence line fits.

First response after an impersonation allegation

After a complaint, messages, identification documents, letters, conversation notes and possible witnesses should be organised. Much may depend on how the concrete appearance could be understood.

Before any statement, file access is important. Only the file shows whether the authority assumes a genuine official act, a deception situation or a misunderstanding.

An early defence strategy separates facts, intent and legal classification. This helps narrow exaggerated allegations and present helpful circumstances clearly.

Overview

false official appearance, authority, power and distinction

Next steps should be organised and based on the file.

Impersonating public authority under section 314 StGB: police, authorities and false official appearance
Level Überblick Key question
Impersonation missing authority Was official appearance created?
Abuse of office real official Was authority misused?
Corruption benefit and influence Is improper consideration alleged?
Defence context and proof What does the concrete appearance show?
Process

Four steps after complaint or summons.

Next steps should be organised and based on the file.

  1. 01
    1
    immediately

    Read allegation

    Record complaint, summons and provision.

  2. 02
    2
    early

    Check file

    Organise evidence and case status.

  3. 03
    3
    before questioning

    Plan statement

    No explanation without strategy.

  4. 04
    4
    before deadline

    Set goal

    Application, remedy or preparation.

Important: The first explanation is not decisive, the right explanation after file access is. Early structure helps avoid preventable mistakes.

Frequently asked questions

false official appearance, authority, power and distinction: key questions.

Should I make a statement immediately? +

No. File status, evidence and defence goal should be checked before any statement.

Which documents matter? +

Summonses, messages, contracts, payment data, notes and witness information should be secured completely.

Is this post advice in an individual case? +

No. It provides general information. The concrete assessment depends on the file and evidence.

Related topics

You might also be interested in

Abuse of office under section 302 StGB

Further guidance on classification and the next step.

Corruption allegation in public office

Further guidance on classification and the next step.

Resisting state authority

Further guidance on classification and the next step.

Topic overview

Further guidance on the relevant topic page.

Topics
impersonating authoritysection 314 StGBofficial offencespoliceauthorityabuse of office

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