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Official offences

Official seal opened: allegation and active repentance for seal-breaking

Seal-breaking under Section 272 StGB: official seals, elements of the offence, intent, active repentance and first steps after an official closure is opened.

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Mag. Christopher Angerer, Rechtsanwalt

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29 September 2026, Mag. Christopher Angerer, Rechtsanwalt

Section 272 StGB concerns seal-breaking. It protects an official closure placed on an item. The offence may apply where a seal applied by an official in the exercise of official duties is damaged or removed, or where the closure created by that seal is made wholly or partly ineffective.

The assessment therefore turns on specific facts: who applied the seal, what official purpose it served, what was actually damaged, removed or opened, and whether the item was later voluntarily secured again. This article explains the elements of the offence, intent, distinctions from related offences and active repentance under Section 272(3) StGB.

What role does the specific situation play?

Four situations, four useful assessments.

Choose the situation closest to your case. You will receive a short classification and the next lawful step.

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01 Question 1

Which situation applies to you?

The assessment depends on whether you are accused of opening an official seal, need to establish whether a seal was official, or have already tried to restore the closure.

All paths at a glance

Overview of all answers.

01

Organise the allegation, official seal, conduct and timing before responding.

If you have received a complaint or summons for seal-breaking, secure the official measure, the seal, the alleged conduct and the timing. Section 272 StGB requires a seal applied by an official in the exercise of official duties.

Have the file reviewed before making a statement. Keep existing records and photographs unchanged and do not make another unilateral alteration to the closure.

Read more: first steps →
02

Establish the origin and purpose of the seal from the authority records.

A sticker or closure does not become an official seal merely because it looks official. Section 272 StGB requires that an official applied it in the exercise of official duties to place an item under closure or seizure, or to mark it.

Keep the record of sealing, certificates, photographs and correspondence. The classification should not be based on the appearance of the seal alone.

Read more: official and private seals →
03

Check voluntariness, the authority’s knowledge and whether the purpose was restored.

Section 272(3) StGB excludes punishment under subsection 1 in specific circumstances. The person must voluntarily bring about the item being placed under closure or seizure again, before the authority has learned of their culpability and without materially impairing the purpose.

A later return or a closure applied afterwards does not automatically satisfy these conditions. The sequence, the authority’s knowledge and the actual safeguarding of the item must be examined.

Read more: active repentance under Section 272(3) StGB →
04

Assess the seal, seized item and property damage in separate steps.

Section 272 StGB concerns the official closure. If a seized or attached item was also removed or damaged, Section 271 StGB may require a separate assessment. Damage to property raises a further question under Section 125 StGB.

These offences have different points of reference. Identify precisely what was affected instead of assuming that an opened seal automatically proves an additional offence.

Read more: seal-breaking, interference with seizure and property damage →

What Section 272 StGB requires for seal-breaking

Section 272(1) StGB describes two connected situations. The first concerns a seal applied by an official in the exercise of official duties to place an item under closure or seizure, or to mark it. The second concerns making the closure created by such a seal wholly or partly ineffective.

Official application. The origin of the seal matters. It must have been applied by an official in the exercise of official duties. A private sticker, company seal or security label does not meet this requirement merely because it looks official.

Protected item. The seal must serve to keep an item closed, secure it under seizure or identify it officially. The records of the measure should therefore show the purpose of the sealing and the item covered by it.

Penalty range. Section 272(1) StGB provides for imprisonment of up to six months or a fine of up to 360 daily rates. The actual consequence depends on the circumstances and the court’s sentencing decision.

Which acts can amount to seal-breaking

The statute refers to damaging or removing the seal. It also covers making the closure created by the seal wholly or partly ineffective. The issue is therefore not limited to completely taking a seal away.

Damage. A change to the seal may be relevant where it impairs its function or evidentiary value. The type, extent and effect of the change must be established in the individual case.

Removal. Taking an official seal off the item is expressly covered by the statute. Whether the seal remains intact does not remove the question of removal, although all other statutory requirements still have to be met.

Making the closure ineffective. A seal may still be visible while the closure no longer works fully. The question is then whether the official closure was made wholly or partly ineffective.

A suspicion alone does not establish the legal classification. The condition before and after the alleged act, access to the item and the concrete change should be assessed using photographs, records and witness evidence.

Distinguishing official seals from private security

Official seals, private security labels and technical closures can look similar in practice. Section 272 StGB, however, requires official application by an official in the exercise of official duties. That fact should be established expressly.

Official purpose. The question is whether the item was to be closed, seized or officially marked. A company’s internal security measure may be important, but it does not replace the statutory connection to an official act.

Private security. If a private closure was opened, a different assessment may be required depending on ownership, conduct and damage. This does not automatically amount to seal-breaking. The article on property damage under Section 125 StGB provides separate orientation.

Records and identification. The sealing record, seizure confirmation, inventory and photographs can show who applied the closure, when this happened and which item it covered. If these records are missing, the evidence needs particular care.

Assessment matrix

Which question belongs to which step?

Assess the official act, change, intent and restoration separately.
Assessment step Specific question Typical record
Official act Who applied the seal and in what capacity? Sealing record, authority file, handover
Purpose Was the item to be closed, seized or marked? Seizure confirmation, inventory, order
Change Was the seal damaged, removed or the closure made ineffective? Photographs, expert report, witness evidence
Intent What did the person know about the official closure? Messages, access, handover, statement
Restoration Was the item voluntarily and timely secured again? Timeline, authority contacts, new closure

How the reference in Section 272(2) StGB matters

Section 272(2) StGB provides that Section 269(4) applies correspondingly. Section 269(4) states that subsection 1 does not attract punishment where the authority or official was not entitled by the nature of the act to carry it out, or where the official act contravened criminal-law provisions.

This reference does not answer every seal-breaking question automatically. First establish which official act took place, who carried it out and what legal defect is actually alleged. A suspected procedural irregularity does not replace an assessment of the statutory elements.

In practice, record the official order, competence, purpose of the sealing and the alleged legal violation from the file. This is not permission to open or change an official closure unilaterally.

Why knowledge and intent need separate review

The physical condition of a seal does not by itself answer the mental element. The assessment must establish what the person knew and what they did. This includes knowledge of the official nature of the closure and the concrete change to it.

Appearance alone. A seal can be damaged without proving who caused the change. Access rights, timing and alternative causes need to be considered.

Knowledge of the closure. Was the person present when it was applied? Were they informed of the measure? Was the official purpose apparent from the records or the situation? These facts may matter to intent.

No retrospective reconstruction. Record personal recollections promptly. Preserve records, photographs and messages unchanged. Further alteration of the seal or creation of new evidence can make the facts harder to establish.

When active repentance under Section 272(3) applies

Section 272(3) StGB contains a specific rule. Subsection 1 does not attract punishment where a person voluntarily causes the item to be placed under closure or seizure again, without materially impairing the purpose, before the authority has learned of their culpability under Section 151(3) StGB.

Voluntary restoration. The restoration must result from a voluntary act. The assessment concerns who initiated it and how it was actually implemented. A statement of intention or an informal offer is not necessarily enough.

When the authority learns of the conduct. The statute focuses on whether the authority has learned of the culpability. The sequence is therefore central: opening, knowledge of the person involved, contact with the authority and renewed security must be established.

Protective purpose. The item must be under closure or seizure again without material impairment of the purpose. Whether this happened depends on the measure, the condition of the item and the timing of restoration.

Active repentance is not an automatic cure for every later return. It must be assessed against the wording of the statute and the actual sequence. Do not repair or re-seal an official closure unilaterally without clarifying the legal and factual position.

Separating seal-breaking, interference with seizure and damage

For seal-breaking, the official closure is the central point of reference. Section 271 StGB concerns the forms of interference with an officially attached or seized item described there. If an item is removed from the attachment, it requires a separate assessment. The article on interference with seizure deals with that issue separately.

Damage to the item or the seal can also require review under Section 125 StGB if its conditions are met. The fact that a closure was opened does not answer that question. It must be established which property was damaged and what loss occurred.

Seizure itself is a procedural measure. Its lawfulness and the handling of an official closure are separate questions. An overview of seizure and confiscation under Section 110 StPO is available in the related criminal procedure article.

For a defence, it is useful to map the facts precisely: which item was affected, which closure was applied, what conduct is alleged and what consequences followed? Only then can the possible provisions be assigned carefully.

After an opening or summons

Four steps to a reliable assessment

  1. 01
    Immediately
    First day

    Secure the allegation

    Keep the complaint, summons, sealing record and attachments together.

    Record the date of service, file number, authority and the item identified.
  2. 02
    Next
    First days

    Record the condition

    Photographs and contemporaneous observations show how the seal, closure and item were found.

    Do not alter the seal or closure further and preserve existing files in their original form.
  3. 03
    Compare
    Days 1 to 7

    Order the sequence

    Bring application, alleged opening, access, authority knowledge and restoration into one timeline.

  4. 04
    Next step
    After file review

    Choose the approach

    Before responding, review whether Sections 272, 271 or 125 StGB may apply.

    A lawful restoration should respect the protective purpose of the official measure.

What to do after an official seal is opened

If an official seal is found opened or damaged, first preserve the condition. Keep the sealing record, seizure confirmation, photographs and correspondence with the authority. Avoid further unilateral changes to the closure.

If you receive a summons or complaint, record the allegation accurately. Is the allegation damage, removal or making the closure ineffective? Which authority applied the seal? When did the act allegedly occur? Has the item been secured again?

Have the file reviewed before making a statement. The identity of the item, the purpose of the official act, access and knowledge, and the timing of any restoration are particularly important. This also allows Section 272(3) StGB to be considered where relevant.

If the item has already been sealed again, document the sequence in full. Restoration may matter legally, but it does not replace review of voluntariness, timing and the effect on the protective purpose.

Important in seal-breaking cases. Do not continue opening or repairing an official closure on your own. Preserve the condition and records and have the purpose of the measure and the requirements of Section 272(3) StGB reviewed.

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Frequently asked questions

What to know about seal-breaking under Section 272 StGB

When does seal-breaking under Section 272 StGB apply? +

Section 272 StGB requires a seal applied by an official in the exercise of official duties to place an item under closure or seizure, or to mark it. It covers damaging or removing the seal and making the resulting closure wholly or partly ineffective.

Is opening a private security label automatically seal-breaking? +

No. A private security label does not meet Section 272 StGB merely because it looks official. Depending on ownership, conduct and damage, another assessment may be required, including under Section 125 StGB.

What is active repentance in a seal-breaking case? +

Section 272(3) StGB may exclude punishment where the person voluntarily restores the official security in time, before the authority knows of the culpability and without materially impairing the protective purpose. The timing and practical effect of the restoration require an individual assessment.

What penalty does Section 272 StGB provide? +

Section 272(1) StGB provides for imprisonment of up to six months or a fine of up to 360 daily rates. The actual consequence depends on the facts and sentencing.

What should I do after a summons for seal-breaking? +

Keep the summons, complaint, sealing records, photographs and correspondence. Organise the application, alleged change, access, authority knowledge and any restoration. Have the file reviewed before making a statement.

Topics
seal-breakingofficial-sealsection-272stgbactive-repentanceseizurecriminal-proceedingsofficial-offences

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