This entry is an addendum to speak on the issue of plagiarism and of Swiss law.
Normally piracy related only thought about private law, as to the copyright. Under certain circumstances, plagiarism can be prosecuted have. A dissertation on this subject under the title science fraud was written here but only briefly discusses the various possible offenses, mainly to sensitize the reader for criminal aspects.
An offense that can be committed by the creation of plagiarism, the falsification of documents in accordance with Article 251ff. Penal Code. This offense seems pretty obvious, because plagiarism is almost always a fake document. The difference between a document and a certificate is a document that is intended and likely to prove the facts of legal significance. Since the courts that definition far Who interpret a document can quickly be a certificate. Therefore, someone who has written a plagiarism, easily threaten a fine or a prison sentence of up to five years, as recorded in SCC 251 para 1 .
Created plagiarize someone with the intention of enriching himself or another person unlawfully, it is possible that he thus satisfied the elements of a crime under Penal Code 146 .
course must be examined in the criminal law still many conditions that divided the legal profession in accordance with an objective and a subjective part, or may be punishable. must be considered such as whether the perpetrator of the offense intentionally committed so with so-called intent, or whether he only acted clumsily, which is then called negligence.
Despite all these tests is according to doctrine and court practice of the criminal stock fraud by someone who meets a fake created to enrich themselves, relatively simple. This person often repeats their actions, this can even be described as professional securities fraud, which according to Article 146 paragraph 2 StGB with can be punishable by up to ten years imprisonment.
one considers therefore the writing of plagiarism even from a criminal perspective, we see how serious can be the impact of a plagiarism. Of course it needs to more than just forgetting a CBE, but it pays to use his sources deliberately.
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