Forgery in documents involves falsifying documents or drawing up incorrect writings with the intention of presenting them as authentic. This offence is often linked to fraud cases in Utrecht and beyond.
Definition of Forgery in Documents
According to Article 225 of the Criminal Code, two main forms can be distinguished:
- Paragraph 1 - Altering or reproducing an existing document.
- Paragraph 2 - Knowingly using a falsified document as if it were genuine.
Conditions for Criminal Liability
To be punishable, the following criteria must be met:
- The document must be intended as evidence.
- There must be forgery (incorrect content or falsification).
- The intention to use the document as genuine must be present.
- There must be potential harm or disadvantage to another.
Practical Examples
- Reproducing a signature on a contract.
- Falsifying an academic certificate.
- Drawing up fictitious invoices.
- Backdating an employment contract.
- Altering financial statements.
- Fabricating a doctor's certificate.
Penalty Range
The maximum penalty for forgery in documents is 6 years' imprisonment. For official documents, such as notarial deeds, this can increase to 7 years.
Link with Other Offences
This offence is often combined with crimes such as deception, tax fraud or fraud with social benefits. False documents are then used as a means to commit other fraud.
Burden of Proof
Evidence is usually obtained through forensic investigation, such as analysing signatures, the composition of paper and ink, or digital traces in electronic files.
Frequently Asked Questions about Forgery in Documents in Utrecht
When is something considered forgery in documents?
A document falls under forgery in documents if it is falsified or knowingly drawn up incorrectly, with the intention of presenting it as genuine and thereby causing harm. It must have an evidential function, such as in agreements or diplomas. Intention and harm are essential elements.
What distinguishes falsifying from using a false document?
Falsifying (Art. 225 para. 1 Criminal Code) means reproducing a document yourself, such as imitating a signature. Use (Art. 225 para. 2 Criminal Code) means intentionally deploying an already falsified document as genuine, for example by handing over a fake diploma. Both are punishable.
Can I report forgery in documents?
Yes, if you suspect someone has used a falsified document to harm you, you can file a report with the police in Utrecht. Gather evidence such as documents, communications or witness statements. The police will investigate whether a punishable offence has been committed.
What happens if I unknowingly use a false document?
If you did not know that a document was false, you will usually not be criminally prosecuted, because intent is a requirement. However, you may still be civilly liable for damage. Legal advice in Utrecht can help in such situations.
How is forgery in documents proven?
Evidence often comes from technical investigation, such as comparing signatures, testing materials or analysing digital metadata. Witnesses and expert reports support this. A lawyer in Utrecht can help gather evidence.
Relevant Authorities in Utrecht
Court: District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
Legal Aid: Juridisch Loket Utrecht, Catharijnesingel 55