The crime of falsification is committed when the author alters, adapts, modifies or falsifies a document or part of it. Document manipulation is considered the creation of a new document from the falsification and manipulation of one of the elements of the document.
The protected legal assets are the trust and security of the public in legal transactions as well as the trust of citizens and institutions in evidence-based documents. These crimes are governed by articles 390 to 399 of the Penal Code.
But don't worry here We are going to tell you any questions about the issue of document falsification in the criminal law.
What is meant by falsification of documents?
For its purpose it requires the existence of a fraud of forgery and these are simple perfected crimes regardless of their outcome.. Likewise, the Penal Code distinguishes between public, private, commercial and official documents.
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In the case of a crime of falsification of documents we will need the services of a specialized lawyer. As well as the services of an expert in calligraphy and documentary filmmaker to analyze any falsification.
Document falsification is a crime that consists of altering or falsifying the essential part of a document. true falsify or create a new and true document from a false fact. This Crime of fraud It is classified in chapter II, section XVIII of the Penal Code based on article 390.
To better understand this concept, it is important to know that in criminal law, according to article 26 of the Criminal Law, there are types of falsifications.
Types of document falsification and penalties
Depending of the type of document, there are four types of document falsification and each one has different penalties:
- Forgery of documents that are official and also commercial documents
This type of crime can only be committed by a competent authority or public official.. Therefore, in addition to fines and prison sentences, it includes a special prohibition.
It is committed in the four cases defined by 390:
- Modify any essential element of a document.
- Total or partial imitation of a document to deceive its authenticity.
- Hypothesis about interference in an action by those who did not do it or attributing to those who intervened with words other than those expressed.
- If they make a mistake when reporting events.
Without embargo, a person may also be guilty of this crime when a forgery occurs in official public or commercial documents if one of the first three occurs. In these cases, the ideological lie is excluded because it is false.
Furthermore, the Penal Code punishes lying as well as commerce and use as long as the complainant knows of the deception.. The crime of falsification of documents by people implies fraud although falsification of documents by a public official can be carried out due to gross negligence.
- Falsification of private documents
This crime carries both fraud as the intention specifically to cause harm.
Furthermore, anyone who presents a falsified document in court knowing that it is false or uses the false document to harm others will also be punished for this crime. However, heThe sanctions applied will be lighter than those applied to counterfeiters.
- Certificate forgery
The crime of falsification of certificates can be committed by private doctors, public officials and the government. The Penal Code here also punishes counterfeiters and traffickers as well as those who take advantage of a counterfeit knowing that it is a counterfeit.
However, this provision does not apply to certificates related to Social Security and Public Finances.
- Counterfeiting of some credit cards or also debit cards and traveler's checks
The modification, copying or falsification of credit or debit cards and traveler's checks is also sanctioned by the NS Penal Code. The upper half of The penalty will be pronounced when deceptive effects affect a group of people.
Or when the acts are committed by a criminal organization that is dedicated to this type of activities. Counterfeiting, diffusion, sale and possession for these purposes is punishable. as well as its use knowing that it is false and harmful to others.