What is Forgery?
Forgery is a form of fraud. People often immediately think of falsifying documents. Forgery occurs, for example, when someone who has never obtained a driver’s license creates a fake one or when someone forges a signature. Forgery can be committed in several ways, but not all methods are punishable.
What Types of Forgery are there?
The Criminal Code distinguishes two forms of forgery. Firstly, someone is punishable who counterfeits a document. However, merely copying a document is not enough. Someone who recreates a Van Gogh painting to hang in their own home is not punishable. Legally, it’s about using the forged document to serve as evidence of something. For example, of the cancellation of a debt or that a bill has been paid. It’s not necessary for the entire document to be false; a small alteration can be sufficient. Think of a false signature on a genuine document.
Someone can also be prosecuted for forgery when they haven’t falsified anything themselves. Criminal law also makes it punishable when someone has a false document made or uses a false document. So, someone who buys a fake driver’s license is also guilty of forgery.
What is a Document?
It’s obvious to think of a document as a paper document. However, a document can also be made of another material, such as a plastic driver’s license card. Forgery can also be committed digitally. So, someone who files an income tax return via computer can also be prosecuted for forgery. Tax law also has its own criminal provision for forgery.
Evidentiary Purpose
The document must have an evidentiary purpose. In other words, it must be “intended to serve as evidence of any fact”. When the document is not intended to prove a fact, then it is not forgery.
Intention
The false document must also have been created with the intention of using it as genuine and unaltered. Falsifying a driver’s license only falls under forgery when it is intended to be used as a real driver’s license. When it is intended to be used as a coaster, it is not forgery. However, this intention must be evident from the facts and circumstances.
Punishment for Forgery
The severity of the punishment for forgery often depends on the answer to the question of what was forged and for what purpose. The maximum penalty for using or creating a false document is 6 years imprisonment. When it concerns important documents (such as notarial deeds), the sentence is increased to a maximum of 7 years. When there is a terrorist intent, it’s even 8 years. These maximum sentences are almost never imposed.
In addition to imprisonment, other punishments are also possible for a conviction of forgery. These can include a fine, community service, or for example a professional ban.
Do I Need a Lawyer if I’m Suspected of Forgery?
If you are suspected of forgery, it is advisable to be assisted by a specialized criminal defense lawyer. Fraud investigations, where forgery often comes up, are often technical in nature. It is therefore important to be assisted by a lawyer who has experience with this form of fraud. Weening Criminal Defense Lawyers consists of a team of specialists in the field of fraud. For information, you can always contact us without obligation at 088-9336464.
