Questione giuridica chiave
Whether unauthorized manipulation of a Videotex system constitutes document forgery under Art. 251 No. 1 StGB
Decisione estratta
No. The manipulated data lacked the fixed, independently readable documentary character required for a document; the system did not create or alter an existing document.
Motivazione estratta
The court accepted that electronic data can, in some situations, qualify as writings only if they are fixed in a durable, readable form and attributable as a statement. Here, the access masks and entered data disappeared after login and could not be reproduced as a stable record or protocol. The mere possibility of generating an output later was insufficient.