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What is forgery?
Forgery is a form of fraud. People often immediately think of forging documents. Forgery occurs, for example, when someone who has never obtained their driver's license forges a driver's license or when someone forges a signature. Forgery can be committed in several ways but not all ways are punishable.
What forms of forgery are there?
The Penal Code distinguishes two forms of forgery. First, a person is punishable who forges a document. However, copying a writing is not enough. Anyone who copies a Van Gogh to hang in his or her own home is not punishable. The legal issue is that the forged writing is used as evidence of something. For example, of the discharge of a debt or that a bill has been paid. It is not necessary that the entire document be false; a minor alteration may be sufficient. Consider a false signature under a real document.
A person can be prosecuted for forgery even if they themselves did not forge anything. In fact, criminal law also makes it punishable when someone has a false document made or uses a false document. Thus, anyone who buys a fake driver's license is also guilty of forgery.
What is a scripture?
It is obvious to think of a writing as a paper document. However, a writing can also be of another material, such as a plastic driver's license card. Forgery can also be committed digitally. Anyone filing an income tax return via computer can therefore also be prosecuted for forgery. Tax law also has its own penalization for forgery.
Proof destination
The writing must have an evidentiary purpose. In other words, it must be "intended to serve as evidence of any fact. If the writing is not intended to prove a fact then there is no forgery.
Intent
In addition, the false document must have been prepared with the intention of going to use it as genuine and unadulterated. Thus, forging a driver's license falls under forgery only when the intention is to go and use it as a real driver's license. When the intent is to use it as a coaster, there is no forgery. That said, that intent must be apparent from the facts and circumstances.
Punishment for forgery
The level of 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 preparing a false document is 6 years in prison. When important documents are involved (such as notarial deeds), punishment is increased to a maximum of 7 years. When terrorist intent is involved, it is even 8 years. These maximum sentences are almost never imposed.
In addition to imprisonment, other penalties are also possible when convicted of forgery. These can include a fine, community service, but also a professional ban.
Do I need a lawyer if I am suspected of forgery?
If you are suspected of forgery, it is advisable to be assisted by a specialist criminal lawyer. Fraud investigations, which often include forgery, are often technical in nature. It is therefore important to be assisted by a attorney who has experience with this type of fraud. Weening Criminal Lawyers consists of a team of specialists in the field of fraud. For information you can of course always contact contact us at 088-9336464.
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