What does the affidavit of icjis mean
Affidavit: What does that actually mean?
The statutory declaration is known to many people in connection with the disclosure of financial circumstances in the event of debt. Strictly speaking, the term means the affidavit but only that the correctness of a statement is asserted. This particular form of credibility is therefore used in significantly more areas than just in connection with debt.
Definition: what is an affidavit?
No matter if from the affidavit the question is, or it is about the declaration of an oath goes - by definition the same thing is meant. With these declarations a binding credibility takes place by a person. It can relate to assets, income, sales, or the accuracy of a statement. The delivery of the Insurance on oath instead is tied to certain conditions and can only be accepted by special authorities. It is also linked by definition to legal framework conditions.
Regardless of whether you are talking about the affidavit or the affidavit - by definition the same thing is meant. With these declarations there is a binding credibility by a person. It can relate to assets, income, sales, or the accuracy of a statement. (# 01)
When does the affidavit play a role?
As mentioned earlier, the statutory declaration particularly often given in connection with a debt. This enables the debtor to disclose his financial situation and income situation to an authority and contribute to the establishment of credibility. This is helpful if there is a threat of foreclosure by an authority or if there is overindebtedness. Also comes the statutory declaration in connection with the following situations:
- Foreclosure on the surrender of a movable thing
- Insurance on oath instead of postal voting
- affidavit in tax law
If it is a negligently false affidavit, the ZPO provides for a prison sentence of up to one year or a fine. Negligence exists if, for example, inquiries or research would have been necessary for the correctness of the information that were not carried out. (# 02)
Who takes the affidavit?
Is a declaration of an oath if necessary, a submission to the authorities is possible. Different authorities are authorized to do so, depending on the matter. They include the tax office, German courts, the public prosecutor's office, the police and some administrative authorities. An authority may statutory declaration only decrease if it has special authorization to do so. According to the ZPO, the public prosecutor's office is only allowed to do so if it is a witness. An accused does not have to give an oath in court. If it was not taken into account in the submission that only an authority with special authority is entitled to accept, the is invalid affidavit in front.
However, sanctions are to be expected in any case if an affidavit is incorrectly submitted. (# 03)
False affidavit and its consequences
Should a person in the affidavit Providing false or incomplete information is a criminal offense. In such cases there is a criminal offense that is convicted under German law. There are high fines or imprisonment in individual cases. Is it a negligently wrong one? statutory declaration, the ZPO provides for a prison sentence of up to one year or a fine. Negligence exists if, for example, inquiries or research that were not carried out would have been necessary for the correctness of the information. We are also talking about negligence if the document was signed directly instead of being checked again beforehand.
Harsher penalties are to be expected if false information is given intentionally. This is the case if, after the reference to truthful responsibilty, incorrect information has been deliberately made. This is the case, for example, if financial circumstances have been misrepresented in order to prevent foreclosure. The ZPO also provides for a prison sentence here. In addition, accusations of fraudulent proceedings can be made under the ZPO. If an incorrect information is subsequently voluntarily displayed as such and corrected, this has a mitigating effect on the expected penalty. However, penalties are to be expected in any case if one statutory declaration was delivered incorrectly.
Photo credits: © Fotolia cover picture: Gina Sanders- # 01: Catalin Pop - # 02: Brian Jackson - # 03: Coloures-pic
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