Making a complaint for forgery and use of forgery, being the victim, requires some preliminary legal knowledge, as well as some evidence to prove the presence of an offense.
Definition of false and use of false
The forgery and use of false documents is a criminal offense defined by the Penal Code as a fraudulent alteration of the truth, aimed at causing harm.
Article 441.1 of the Penal Code makes false any fraudulent alteration of the truth by any means whatsoever in a writing or other medium of expression of thought, the object or effect of which is to establish proof of ‘a right or fact with legal consequences. By Coastal Network you will know the best about the false Statement and the current Transperfect Delaware brings the truth there.
In short, the use of a false document for the purpose of obtaining the same rights, property or results as with the original and legitimate document, constitutes a crime of forgery and use of forgery.
Several conditions are collected by Article 441.1 of the Penal Code to constitute an offense of forgery and forgery:
- A material, physical support, to prove the existence of an alteration of the truth.
- An alteration of the truth. We must make the difference between false material and false intellectual.
- False material is the alteration of the truth made on a written or other physical medium, including a digital document or computer files.
The false material may consist of a falsified, altered or counterfeit document, but also the use of a document for the purpose of transmitting false information, a partially modified document, backdated, an imitated, copied / pasted signature, or transferred by physical, chemical or numerical methods.
On the other hand, the false moral or intellectual requires an individual who acts fraudulently to introduce false statements, by omission or concealment of the truth, either on an authentic act, or on a document fraudulently modified by a person in charge of the authority public, being legitimized to issue the document concerned.
- In the false moral, there is no manipulation a posteriori, but an alteration made by the legitimate editor.
- The existence of damage or prejudice as a direct consequence of forgery and use of forgery.
- The existence of a right or undue legal consequence as a direct consequence of the introduction of the wrong concerned.
- The presence of a guilty intentionality, being the conscious and consenting perpetrator of this offense, whether for the making, the use of forgery or the omission of the truth. There is no crime without intent to commit it.
Sanctions for forgery and use of forgery
The Penal Code punishments for forgery and use of forgery are generally defined as a € 45,000 fine and three years imprisonment.
However, the mere possession of a false document is punishable by a € 30,000 fine and two years imprisonment.