With the use of fake documents and following that, efforts to prove forgery have been prevalent since ancient times. First of all, one should understand the literal meaning of forgery and then understand the types of forgery and the legal stages of its proof.
The literal meaning of the word forgery in the common language is interpreted to mean that a person makes changes in the writing or signature, in such a way that it is shown against the real writing and signature. In fact, the fake person intended to deceive others and use lies instead of the truth.
Forgery is one of the crimes that have been committed in most societies since the use of handwriting and documents. Seeking help from lawyers to pursue forgery proof and legal advice has expanded even more impressively today. In addition to the crime of signature forgery, possession and manipulation of passports and identity documents, banknotes and currencies, and the common example of forgery of documents and documents, etc., are common cases of forgery. In this section, we discuss the ways to prove forgery and how to file a criminal complaint by a lawyer in this field.
What are the characteristics of fake documents?
Certainly, the question arises for the majority of what characteristics a fake document or writing should have in order to be recognized as a fake document or document? In order to be able to prove that a document is fake, it is necessary that it must have certain characteristics of form and content. You can solve these cases by having legal advice and getting help from lawyers to pursue proof of crime.
The fake document must be completely the same as the original document in terms of shape and appearance in order to mislead; That is, if the document has its own form (such as birth certificate), it is presented in the same form in the fake document. If the document and writing are without a specific form (such as promissory notes or handwritten documents), one can only rely on conventional similarity. In general, in terms of appearance in both of these cases, after the forgery of the documents, the people of the society are not able to distinguish between the original and the fake.
From the point of view of content, it is also important that original and fake documents and writings both have the same conceptual and legal value. The fake document must have the necessary meaning and validity. For example, if someone designs a fake check, he cannot name the issuing bank as “Bank of Love and Friendship”. In the end, whether this check is fake or not, it will not be valid at all, and this act of document forgery is not recognized.
The meaning of the word validity is not only time validity, but the ability to refer to the document; It means that it is recognized in official authorities and can be attributed to a certain person. For example, if a fake document or writing is presented to the court, there is a possibility that it can be attributed to a certain person and a decision can be taken from the court.
5 ways to prove forgery
According to Article 220 of the Code of Civil Procedure, a notice is sent to the forger by the court alleging forgery of documents. If the other party continues to use the document regardless of the notification, the person has 10 days to submit the original document to the court. Otherwise, the said document will be removed from the amount of reasons cited by the person.
In the following, after legal advice and legal procedures related to the proof of forgery and the verification of the authenticity of the document, according to articles 223 to 228 of the Civil Procedure Code, it is applied. The ways and methods of proving forgery and checking the authenticity of documents include the following:
1.Matching the provisions of the fake document with other documents
After a person’s claim that the relevant document is fake, the court can examine, match or conflict it with other imported documents that prove it.
2.Referral of documents to an expert
After matching the contents of the forged document with other documents, if the forger is completely professional, the documents will not be recognizable to the judge; Therefore, if necessary, the court will refer the relevant document to the official experts of the court or the identification department, which are reliable and trustworthy centers of the court, for review. At this stage, experts use analogical, physical and chemical methods to accurately detect forgery of documents.
3.acquisition
If there is no signature, seal, handwriting or reliable fingerprint of the denier, the court will give the right to the invoking person, according to Article 224 of the Civil Procedure Law, to ask the denier or forger (if alive) Sign or write. Here, the person in question can be called to the court to write or sign documents or similar documents.
A person’s non-appearance in court or refusal to register for which he is summoned is a proof of the authenticity of the mentioned document. In legal advice, this method is one of the best ways to prove forgery for documents that are provided by law.
4.Conformity of the provisions in the document with the documents of Muslim al-Sudor
This method is one of the common ways in the process of forgery proof, which is used to prove authenticity or fakeness. Of course, according to Article 223 A. d. M., normal documents that have already been examined for claims such as forgery, doubt or denial, even if their authenticity has been ruled, cannot be considered as the basis of the application.
5.Examination of witnesses
In this way of proving forgery, the court does not pay attention to the type and shape of the signature, seal and their correspondence with other documents, but examines and pays attention to the opinion or testimony of the witnesses related to the preparation of the document or the assignment of the seal and signature to the assignee. .
It should be noted that if the authenticity of the document is not proven by using the mentioned methods, then the document will be recognized as a fake document. If someone uses that fake document in court, he will be prosecuted and punished.
Criminal complaint by a forgery lawyer
In some cases, an official document is used in court by a person. In this case, the person against whom the document was presented claims that the document is fake. Then the objector must prove his claim. Also, a person who is accused of forging a document and claims to be innocent can defend himself. In this situation, it is necessary to get a legal consultant or a professional lawyer to go through the legal procedures for filing a complaint and follow-up.
A legal advisor or professional lawyer must have sufficient expertise and experience in the field of laws and criminal matters related to document forgery and detection and proof of forged documents and documents. Keeping in mind that the rulings related to the forgery of documents are mentioned in the civil and criminal laws in both criminal and legal forms, it is recommended to consult a criminal lawyer or expert legal counsel in order to pursue legal action or prove the forgery of documents. Refer to forgery of documents.
Can witness testimony be used to prove forgery?
In the criminal and legal laws of the judiciary, in order to prove a large part of the crimes, testimony by witnesses has a special place. In most cases, the court judge issues the relevant verdict based on the testimony of the witnesses; But there are several principles in the process of testifying and issuing a verdict:
- First: The witness or witnesses must be qualified. Such as having mental health, physical and mental maturity, being a believer and committed to the morals and principles of religion and not having personal interest in the relevant case.
- Second: the intended crime can be proven with testimony.
- Third: Judiciary must consider the necessary quota regarding the number and gender of witnesses according to approved laws.
The cases related to the testimony of witnesses to prove the crime of document forgery are slightly different. In these cases, the occurrence of the crime of document forgery must be confirmed and proven by an expert. Therefore, it can be said that the testimony of the witness in this case does not have much place in the case. What is important in this matter is the reference to the text of the document and the opinion of expert experts in the field of whether the document is fake or not.
The only testimony that is approved by the court in this matter is the testimony of the persons who were present as witnesses when the document was drawn up. These people can determine the authenticity of the set document with a certificate of approval or rejection. In order to pursue the proof of forgery in this situation, the guidance of lawyers is very effective in speeding up the work process.
Dadista’s legal team, as the strongest legal advisor in the field of forgery with a group of experienced lawyers from the best law universities, is your supporter and advisor in all stages and criminal lawsuits.
You can pursue and resolve your case quickly and with excellent results by employing and accompanying the best experienced lawyers regarding forgery and forged document claims.