Crime of signature forgery and the crime of using a fake document, which has been on the rise over the past years, are crimes against public safety that can be used as a prelude to many other crimes, including theft, fraud, etc. take
What is forgery?
» “Forgery” in the word means to disguise, transform and reverse.« Although the rulings related to forgery are found in items 523 to 542 of the Islamic Penal Code, no definition of this crime has been mentioned. It seems that forgery literally means that a person makes or changes writings or other things mentioned in the law with the intention of cheating and passing them off as original.
What are the types of document forgery?
Article 523 mentions examples of the title of forgery and the crime of signature forgery only in an allegorical way (and not exclusively). This article defines various forms of forgery as the following:
Forgery includes
- If they make writings, documents, seals or signatures of official or unofficial persons.
- They scratch or cut or erase and blacken the sandus.
- Submitting or delaying a document compared to the actual date.
- Paste a text to another text.
- They use another seal without the owner’s permission.
Forgery can occur both in the forgery of normal documents and the forgery of government documents. According to Article 1287, what are official documents? Documents that are » registered in the Real Estate and Deeds Office or official offices or in the presence of other officials within their jurisdiction according to legal regulations.«These documents have a very special validity in the eyes of the legislator and the principle is based on their authenticity. The reason is that they are registered in legal centers and with official persons, and all the necessary provisions have been made to prevent them from being registered. However, if someone claims to forge documents in them, he must prove this in a competent court.
According to Article 1289, “Other than the documents mentioned in Article 1287, other documents are normal.” Forgery of normal documents is much more likely and common. The majority of lawsuits and complaints related to forgery of documents belong to the forgery of ordinary documents.
Crime of signature forgery
Abusing the real signature of individuals and adding it illegally on the document is one of the most frequent lawsuits of these years. Now, the question is, did forgery of documents or signatures occur here?
At first glance, it may be inferred that the criminal did not change the real signature of the person and actually put it under another writing, therefore, document forgery did not occur. But it seems that one of the cases of document forgery and signature forgery occurs here as well. Since the crime of forging signatures and documents is not defined in any of the cases of the Penal Law and Article 523 has not limited the situations and examples of forgery to specific cases by using the phrase “and the like”, new examples can be found using the unity of criteria. He inferred the forgery from within this article.
For example, if you pay attention to the last example mentioned in Article 523, you will see that one of the cases of forgery is the forgery of another seal without the owner’s permission. Since the seal and forgery of the signature according to the articles of the Islamic Penal Code have almost equal status and dignity and in many cases they are used together or instead of each other under the documents, then it can be argued that the use of another real signature Without the owner’s permission, it is also one of the cases of signature forgery.
In addition, all the elements of the crime of document forgery can be applied to this behavior; Because the perpetrator has intentionally and with the intention of fraud, attached and added the real signature of a person to another document that the owner of the signature is unaware of its contents. In many cases, the actual signature of these persons is attached to documents that have a legal burden. In this case, it creates an obligation for them, and the potential loss element of the victim is also realized. In this way, a complaint can be filed against the perpetrator of such behavior in a competent court.
Methods of protesting of signature forgery
The complaint of forgery of signatures and documents can be filed both legally and criminally and requires consultation with a forgery lawyer. One of the most important methods of objecting to the forgery of documents or objecting to the use of a forged document is to file it in criminal court branches; Because according to what was said, document forgery is a crime and can be punished.
In addition to filing a criminal complaint, any person against whom a normal or official document has been falsified can refer to the General Court of Law for its authenticity. He can also express denial and doubt (for normal documents) or claim forgery of government documents. By proving that all or part of the said document is fake and denying its validity in whole or in part, he will be freed from the worry of having a document against him.
It should be noted that the way of writing a complaint for such cases has its own subtleties and legal points. For example, the allegation of document forgery by using sentences such as “the document is fake” or “the signature is painted” and… is not audible; Rather, the objection to the authenticity of the document will be considered by the court only if it is presented through precise and documented legal terms.
Conclusion and summary
It is easier to prove the crime of forging signatures at the end of documents than to prove that a person’s real signature was placed on a document without his knowledge and permission. According to Articles 224 to 226 of the Civil Procedure Law, it is possible to detect the forgery of a signature in several ways:
- Referral to an official expert or police identification department or through recruitment
- Matching the signature in the document with the documents of Muslim al-Sudor
- Investigation of the witnesses of the informants
However, it is very difficult to prove the misuse of real signatures. The fact that the injured party can prove that the signature under the document, despite the fact that it is his own signature and is not fake, was used without his knowledge and permission, requires the citation of evidence, Emirates and very strong and convincing reasons. Making such a claim and pursuing its legal procedures in the best possible way requires a professional lawyer; A lawyer who is proficient in the field of criminal law and forgery of documents and the use of forged documents and has sufficient experience in filing such claims in legal courts.
Dadista Law Firm, with the cooperation of expert and experienced lawyers in the field of various legal and criminal claims, including forgery claims, assures our dear clients that in relation to the crime of signature forgery and such a claim, the best and most effective legal measures are taken in It will be done as soon as possible.