One of the most common and important legal problems is the use of forged documents in legal cases and, accordingly, the need for advice and a lawyer to execute the crime of document forgery. In the Islamic Penal Code, the forgery of a document and its use are considered fraudulent actions. Changing the contents of documents and documents is done deliberately and knowingly, and the affected person and the plaintiff can, by referring to legal advice in the role of a criminal lawyer, sentence or imprison the forger.
In order to get help from a criminal lawyer and also to receive advice from Dadista Law Firm, you can benefit from the existence of the best lawyers of a justice system after receiving free legal advice over the phone. Stay with us until the end of this article to learn more about the crime of a fake person and the punishment related to this crime and related criminal lawsuits.
What is the crime of forgery?
When a person tampers with a document, document, or any important document determined by law, he is said to have committed the crime of forgery. It should be noted that the act of forgery must be in the form of distortion or creation of writing on paper; Therefore, the distortion and forgery of voice, fingerprints, and even preparing a specific local card or ticket, if it is without writing, is not considered as forgery.
In this context, forgery lawyers state that any type of writing or seal, creating signatures of important and official or unofficial persons, creating scratches or cutting in the writing, creating writing or adding or erasing, as well as blackening and interfering with the submission or delay of documents. And the documents regarding the original or real date or the affixing of the writing, or the use of another person’s seal without obtaining the owner’s permission, etc., can be considered related to the crime of document forgery.
To increase awareness about fake documents and how to identify fake documents and documents, you can contact Dadista Legal Institute for free legal advice.
Who is the forger?
A forger is someone who carries out operations and actions related to document forgery and can present fake documents and documents by changing their contents compared to real and original documents. Also, tampering with the real document will remove it from its true form. It doesn’t matter if a person uses forged documents for himself or presents them to other people, ultimately the wrongdoer will be recognized as a forger in the criminal court.
In addition to a criminal or forger who is known as a criminal from the perspective of the law and deserves the relevant punishment, a person who uses and uses fake documents and intends to deceive people or abuse them is also recognized as a criminal. In general, a person who abuses forged documents or a third party who prepared and used forged documents in any way is known as a forger.
What is a fake document?
According to the forgery lawyer as the basic lawyer of a justice in Dadista law firm, all the cases related to the law of fake documents which are known as forged documents are as follows:
– Forgery of official or ordinary documents: It means creating writings or stamps, writing in texts, scratching or erasing writings, copying signatures, crossing out or blacking out writings, changing the date of documents and any action that leads to changes in ordinary documents or documents. It becomes official.
– Forgery of identity documents: It means creating or changing identity and national documents such as birth certificate, national card, educational certificates, passport, end of service card, business license and in general everything related to identity documents of persons. Generally, tampering with the birth certificate or national card can include changing the date of birth or removing the spouse’s name from the birth certificate.
– Forgery of financial documents: It means forgery of the common currency of the country including bills, coins, checks, promissory notes, securities and also bank guarantees. In fact, tampering and seizing any documents related to financial issues.
– Falsification of judgments related to courts and prosecutors: This case includes falsifying or making changes in all judgments issued by courts or prosecutors.
The constituent elements of a forged document (physical and spiritual)
The punishment for using a fake document has a wide scope in the Administrative Court of Justice. The crime of using fake documents is very broad and includes the smallest legal issues.
A forged document in general can also be forged with a document, writing or seal. In general, it should be noted that the crime of using a fake document includes things such as forging official documents, birth certificates, forging property and legal documents, forging education certificates and wills, and forging any valid and important document.
It should be noted that the crime of using a fake document is also done partially. It is possible to falsify a part of a document or document. For example, forging the signature of a check, forging the amounts in the contract, forging the date of the documents, and so on, there are cases that fall under the category of minor forgery.
Note: It is better to know that the forgery of documents and documents can be material, which is in the crime of using fake documents; Or in a spiritual way, that this type of crime is specific to the employees of government offices and judicial authorities, and that ordinary people are not capable of committing such a crime. The crime of intellectual forgery means that an employee distorts and changes the subject or content of other people’s writings or statements. This type of forgery does not require making, manipulating or forging documents
Conditions related to the crime of using a forged document
The elements of the crime of forgery, like other crimes, include the material and spiritual elements of the majority. The spiritual element related to forgery refers to the knowledge and awareness that the perpetrator of the act is against the law.
According to the Islamic Penal Code, the crime of document forgery is not limited to the time of execution of the crime. The crime of document forgery is committed as soon as a forged document is tampered with and used. According to the advice of a basic lawyer, it is not necessary to be a beneficiary or not to be a beneficiary of a fake person or people who want to use fake properties and documents. In fact, doing this is enough to criminalize a fake document.
Note: The crime related to the use of a forged document not only causes material damage to a person, but this damage can also be considered from a spiritual point of view, and refers to the time when a person’s reputation is damaged.
Punishment for using a fake document
After examining the methods of proving forgery and after confirming the crime, the punishment is determined. According to the Islamic Penal Code, the crime of document forgery has a wide scope, so the punishment for each of the considered cases is different from each other; Therefore, we describe each of the conditions below:
– The punishment for the crime of falsifying ordinary documents and documents such as leases, contracts, affidavits and similar documents is that in addition to returning the seized property and compensating for the damage, the person must be sentenced to between 6 months and 2 years in prison and a fine; which is equivalent to the amount of 3 to 12 million Rials due to the government.
– The punishment for the crime of forgery related to completely official documents is that if the forger. If he has forged the signature and seal of the leadership or the heads of the forces, he will be sentenced to 3 to 15 years in prison. If a person has forged the signature of the president, ministers and government representatives, he will be sentenced to 1 to 10 years in prison.
– Punishment for the crime of financial documents, such as forgery of bills or checks, will result in imprisonment between 5 and 20 years.
– The punishment for falsifying educational documents is between 1 and 3 years of imprisonment.
– A forger who tried to tamper with court rulings or even used them knowing that the documents were fake, will be sentenced to 1 to 10 years in prison.
The crime of using a fake document according to the new law
Does the law on reduction of prison sentence, which is known as the new law on reduction, include the crime of document forgery? A criminal expert lawyer in the field of forgery says: According to the aforementioned law, only the provisions contained in Article 536 of the Fifth Book are subject to reduction in imprisonment. In this way, anyone who uses unofficial documents with knowledge and knowledge of forgery or falsification will be condemned. The punishment for this is imprisonment from 3 months to 18 months.
Can the crime of using a fake document be waived?
In this regard, it should be said that the possibility of passing the punishment considered for criminals depends on the type of forged document. The punishment for the crime related to unofficial documents can be forgiven. But if the forged document is one of the official documents, the punishment for this crime cannot be waived.
The role of a criminal lawyer in reducing the punishment for document forgery
A person or persons may try to deceive or abuse you by using fake documents. In this situation, you can get the necessary guidance by phone legal advice through Dadista Law Firm. After receiving complete legal information, you should seek help from a criminal lawyer to prove the claim of forgery through the court.
Since the crime of forgery is one of the complex and specialized crimes, Dadista Law Firm will help you reach your goal in the best way by providing free legal advice by a basic lawyer in the field of forgery.