Document fraud. Punishment

For example: When, by drawing up and using a false official document of completed secondary education, the perpetrator is accepted according to the established procedure and successfully completes a higher educational institution, with the receipt of remuneration for a position for which a higher education is required, it is considered that he has committed document fraud .

Or whoever makes a false official document or alters the contents of an official document for the purpose of its use, shall be punished for falsification of a document with imprisonment for up to three years.

1. Forging documents.

Alteration means affecting an existing genuine document, by substituting or adding alphanumeric characters, or by erasing such characters, thereby altering the substance.

The content of the document includes both the statement itself and all other details – signature, date, photos, etc. As a result of the redaction of the document, it appears that the redacted statement originates from the person named as the author. A discrepancy is created between the actual and the changed by remaking the content. This does not lead to the creation of a document with false content, but to the transformation of genuine documents into non-genuine documents.

Document seasoning is expressed in two forms:

a) drawing up a false document;

b) remaking the content of a genuine document.

In the case of false documents, the emphasis of criminal protection is placed on the authorship and the will to document, reflected in the written act. When authorship is changed, it is immaterial whether the document accurately or falsely reflects the facts. Also, consistent practice accepts that false documentation exists when the document is drawn up by the person who signed it, but false circumstances are certified in it.

2. False documents.

It is a crime to use the tainted document, and the criminal result is expressed in the knowledge of the document by the person to whom it is presented, in order to certify the facts included in it.

The courts have also held that if a person has destroyed another's document with the intention of causing injury to another or to procure for himself or another benefit, it is immaterial whether the intended consequences have occurred.

IMPORTANT!!! The technical execution of the document, such as filling out a form, writing a request on behalf of a certain person, do not constitute criminal creation of a false document when they faithfully reflect the actual will of a real existing person who wants to make the corresponding declaration of will.

3. Drafting and redoing of official documents.

The subject of the crime (under Art. 311, para. 1 of the Criminal Code) can only be an official within the meaning of Art. 93, item 1 of the Criminal Code, who acts within the scope of his office.

4.  Drafting and redoing of a private document.

The forged private document may have been drawn up personally by the perpetrator, i.e. "himself" to carry out the forgery or in the second form - "through another", and in the second act of the executive act the document must be used personally by the actor in order to prove the existence or not of any right or obligation or legal relationship of legal significance, requires the drawing up of the document by the actor, the two acts being functionally related.

5. False documentation by an official. False documents and declarations.

For the emergence of liability for the crime under Art. 311, para. 1 of the Civil Code does not require that the document was used, but that it was drawn up for such a purpose. Even if the document was not used, the act was completed with the very realization of the compilation of the official document with false content.