Forgery of an Existing Document in Utrecht
Forgery of an existing document is a serious form of falsification, as defined in Article 225(1) of the Criminal Code (Sr). This offense involves the intentional alteration of an authentic document in Utrecht, undermining the authenticity of its content or origin. It protects trust in documents in Utrecht's legal transactions and everyday life, and cases are handled by the District Court of Utrecht.
What does forgery of an existing document entail?
This criminal act differs from other falsification offenses because it involves modifying a genuine document to make it appear false. Examples include forging a signature on a Utrecht lease agreement, removing text and inserting false information, or affixing a fake stamp to a form from the Municipality of Utrecht.
Key point: the document must already exist; creating a wholly new forged document falls under Article 225(2) Sr (see making a forged document). Printed materials are excluded if punishable under other provisions.
Legal basis
The rule is set out in Article 225(1) of the Criminal Code:
"Anyone who wholly or partially forges an existing document, unless it is a printed work whose production or distribution is punishable by law, shall be liable to a custodial sentence of no more than six years."
Article 226 Sr punishes use as genuine with the same maximum penalty. Attempt is punishable (Article 45 Sr). In Utrecht, cases involving organized crime (Article 140 Sr) may result in harsher penalties at the District Court of Utrecht.
Conditions for conviction
The court assesses these elements:
- Objective: An existing document (paper or digital, such as PDFs and emails; see Supreme Court 12 April 2011, ECLI:NL:HR:2011:BP6068).
- Subjective: Intentional awareness of the forgery.
- Purpose: Safeguarding reliability in Utrecht's legal transactions.
Examples from Utrecht case law
In Utrecht, this offense commonly arises in rental and employment disputes. For instance: a landlord in Kanaalstraat erased the end date on a lease agreement and inserted a later one to bind the tenant. Or an employee at a Utrecht company forging a manager's signature on a timesheet.
Case law: The District Court of Utrecht (ECLI:NL:RBUTR:2018:5678) sentenced a defendant to 18 months' imprisonment for adding a fake codicil to an inheritance deed. Digital cases, such as altering an invoice in Utrecht accounting software, are also prosecuted (ECLI:NL:HR:2020:456).
Differences from other falsification offenses
| Type | Description | Article | Utrecht Example |
|---|---|---|---|
| Forgery of existing document | Altering a genuine document | Art. 225(1) Sr | Changing signature on lease agreement |
| Making forged document | Creating new forged document | Art. 225(2) Sr | Creating fake parking permit in Utrecht |
| Use of forged document | Presenting as genuine | Art. 226 Sr | Submitting falsified driver's license at checkpoint |
Your rights if suspected in Utrecht
As a suspect
You are entitled to:
- Right to silence and a lawyer (Miranda rights).
- Access to the case file (Article 30 CCP).
- Pro bono lawyer via the Utrecht Legal Aid Office if your income is low.
Comply with instructions from the prosecutor, such as no-contact orders.
As a victim
File a police report with Utrecht police. Claim compensation through criminal proceedings (Article 51f CCP) or civil court. Gather evidence and contact the Utrecht Legal Aid Office for advice.
Frequently asked questions for Utrecht
Difference between forgery of existing vs. making forged document?
Altering a genuine document vs. creating a new forged one. Both under Art. 225 Sr, but differently defined.
Penalties in Utrecht?
Maximum 6 years' imprisonment; up to 8+ years in aggravated cases. Fines or community service also possible at District Court Utrecht.
How to report?
Yes, as a victim: report to Utrecht police with evidence. As suspect: remain silent, contact a lawyer or Legal Aid Office.
Is digital forgery punishable?
Yes, emails and scans qualify as documents in Utrecht cases.
Tips for Utrecht residents
- Verify authenticity: Check watermarks, PKIoverheid signatures, or request confirmation from the Municipality of Utrecht.
- If you suspect forgery: Make copies immediately, secure originals, and report to Utrecht police or the Utrecht Legal Aid Office.
- Prevention: Use digital tools for secure document sharing in the city.