Is the academic ghostwriter punishable?

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Is the academic ghostwriter punishable?

It is questionable whether, in the event that a client submits the work of a ghostwriter, sanctions against it also come into question. With the contractual agreement or the general terms and conditions between Ghostwriter and client, it was stated that the latter may only use the respective work as a template. If, contrary to this agreement, the text is accepted by the client without modification, this will be punishable as shown. A criminal liability of the author comes into question only in the case in which the author has demonstrable knowledge that his work should be submitted without amendment. In this case, criminal liability for aiding and abetting false insurance would be possible in lieu of §§ 156, 27 StGB. However, it must be explicitly emphasized that such knowledge is not to be expected according to the contractual regulation and therefore that intent is not or only with difficulty provable.

However, it does not follow from this tenor that it is also a prohibited act. Rather, it is a legally disapproved activity that is not punishable as such.

The thus-mentioned offense of document falsification acc. § 267 StGB is still out of the question. The forgery of documents is not relevant, because the term deed designates an embodied declaration of thoughts, which is suitable and intended for proof in legal transactions as well as their exhibitors reveals. It therefore refers to the person who submits it. The certificate does not guarantee that the content comes from the user.

Conclusion and outlook: How will ghostwriting be handled in the future?

So far there is no legal basis in UK, which sanctioned the ghostwriting or the mediation of ghostwriters. In the recent present British universities are increasingly advocating a ban on ghostwriting. For this purpose, the University Association aims to introduce the new offense “science fraud”. However, the problem with this legislative proposal is already the attempt to define the “scientific fraud”. The bill thus failed due to the rule of law rule of law Article 20 III GG. That in the near future something could change, is not to be expected according to the current situation.

In summary, it should be noted that ghostwriting as a service is neither unlawful nor punishable: if the rules are respected!

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