Question juridique clé
Whether backdating the share-purchase/option agreement and the debt-assignment agreement constituted false certification/forgery under Art. 251 StGB when used in commercial bookkeeping.
Solution extraite
Yes. The backdated agreements were intended and suitable to prove an earlier conclusion date, formed part of the bookkeeping, and enjoyed heightened evidentiary force; the conduct fulfilled Art. 251 Ziff. 1 StGB.
Motifs extraits
A written document incorporated into commercial accounts can be an instrument of proof with special reliability. A mere written lie is not enough, but here the documents were objectively and subjectively meant for the 1994 accounts and were not economically justified retroactive valuations. The false dating therefore falsified the accounting picture.