Pretending a criminal offence under Section 298 StGB in Austria: invented offence, false report to authorities and distinction from false accusation.
Mag. Christopher Angerer, Rechtsanwalt
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A false report can fall under different offences. If an offence is invented without falsely accusing a specific person, Section 298 StGB is the relevant provision. If a specific person is knowingly accused falsely, Section 297 StGB on false accusation is the issue.
This article explains the offence, the distinction from false accusation and what to do if an incorrect report has already been made. It is general information, not advice in an individual case.
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With an allegation under § 298 StGB, the first step is not an instinctive explanation but clarification of the offence, file and evidence. The right to silence applies in full.
From a legal perspective, file access under Section 51 StPO and distinctions from neighbouring offences should be assessed before any statement.
Messages, files, photos, receipts, records and witness information should be preserved in full. Nothing should be deleted, altered or created after the fact.
Digital traces can be decisive and should not be weakened by well-meant corrections.
Depending on the allegation, discontinuation, diversion, restitution, evidence requests or trial preparation may be relevant. The file decides.
Early structure prevents unfavourable statements and missed deadlines.
Many criminal allegations are close to each other. The decisive issue is which element characterises the concrete case and which offence is actually opened.
The correct distinction can change the penalty range, the procedural route and the defence strategy.
The offence turns on a defined type of conduct: knowingly inventing an offence to an authority. The question is not moral blame in the abstract, but whether the legal elements can be proved.
For the defence, the sequence of events, knowledge, documents, witnesses and alternative classifications must be reconstructed early.
On the current statutory basis, the core range is: up to six months or a fine of up to 360 daily rates; no punishment where investigations are voluntarily prevented in time. The reference point is Section 298 StGB.
The precise allegation, consequence, evidence and conduct after the event all influence the practical assessment.
The main distinction is: no specific person falsely accused. If this point is missed, the case may be placed under the wrong offence or an unnecessarily serious heading.
From a legal perspective, the distinction affects file strategy, evidence requests, diversion and trial risk.
Do not make a spontaneous statement before the allegation and file situation are clear. The right to silence, file access under Section 51 StPO and securing your own material are the central first steps.
Keep letters, messages, records and exculpatory material complete. Do not delete, alter or create anything after the fact; digital traces can create a separate problem.
Choose the point that matches your situation to see the first legal assessment and next step.
| Point | Assessment | Provision |
|---|---|---|
| Überblick point | knowingly inventing an offence to an authority | § 298 StGB |
| Distinction | no specific person falsely accused | Check neighbouring offences |
| Evidence | Secure sequence, messages, witnesses and documents | Section 51 StPO |
| Procedural goal | Assess discontinuation, diversion or trial defence | Sections 190, 198 ff StPO |
No statement without an overview. A single element of the offence can be decisive for this allegation. Before any statement, the relevant elements, the evidence and any alternative allegations should be checked against the case file.
Choose the point that matches your situation to see the first legal assessment and next step.
Record summons, complaint or measure precisely.
Check evidence and offence before any statement.
Document records, messages and witnesses in an ordered way.
Assess discontinuation, diversion or trial defence.
The decisive issue is whether the statutory elements are fulfilled, especially knowingly inventing an offence to an authority. The individual case depends on sequence, intent, evidence and procedure.
Usually only after the allegation is clear and file access has been assessed. The right to silence protects against statements made without knowing the evidence.
That depends on the offence, culpability, consequences, record and restitution. It should be assessed early where the allegation is not among the most serious cases.
Related existing article for the distinction.
Further basics in criminal proceedings.
Possible procedural routes and first steps.
Context in the overall proceedings.
In criminal matters every hour counts. Call us directly or send an email, callback within one business day, earlier in urgent cases.
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