What is a forged document? Concept and punishment

называют бумагу, изготовленную надлежащим образом, но содержащую ложные сведения. A sub-document is a paper that is properly manufactured, but contains false information. Forgery is of two kinds: material and intellectual. преследуется по закону. The use of a forged document is prosecuted by law. Responsibility is established by part 3 of 327th article of the Criminal Code.

Forgery: classification

Material substitution refers to the introduction of changes in the original document by etching, erasing or making a completely false document (including details). With the intellectual forgery on the form of the approved sample contains information that does not correspond to reality.

Official and unofficial papers

The document, according to which the subject has certain duties and rights, as a rule, certifies the legal facts. For example, a sick leave sheet first of all confirms the fact of incapacity for work. At the same time, having shown it, it is possible to receive the grant.

A paper issued by a private person or made up on behalf of a non-existent legal entity is not official and is not considered as a crime subject under Art. 327. A fake power of attorney is not recognized to them, according to which a person acquires the right to manage the CU, if it is not certified by a notary.

In this case, in case of certification of a private document (will, agreement, power of attorney, etc.) by an official, competent authority, notary, it becomes official. In this situation, the paper comes from an authorized entity and is vested with legal force.

The official securities acting as an object of counterfeiting should be those issued by institutions and enterprises registered under statutory rules. The organizational and legal form of legal entities does not matter at the same time. The official nature of the paper is related to its specific form, accessible to the recipient.

The public danger of crime

The 327th article of the Criminal Code is contained in chapter 32 "Crimes against the order of government". At the same time, in practice, forgery in many cases does not concern administrative interests and ties (for example, forgery of a will certified notarially).

является посягательством на социально-правовые отношения разных сфер. The use of knowingly forged documents is an infringement on the social and legal relations of different spheres. Among them - and civil-law, and labor, and administrative-legal, and financial ties. In all cases, there is a violation of relations, ordered by the norms of legislation. First and foremost, the encroachment is committed to the order of execution of documents.

Common Object of Crime

As it acts a complex of social relations, through which the information-certifying functions of municipal, state and other official bodies, institutions, enterprises are realized. всегда нарушает связи, обеспечивающие нормальную работу негосударственных и государственных, а также общественных структур в сфере создания бумаг определенного вида, их использования, официального подтверждения юридически значимых фактов. Simply put, the provision of false documents always violates communications that ensure the normal operation of non-state and state, as well as public structures in the creation of certain types of securities, their use, official confirmation of legally significant facts.

What types of papers are most often counterfeited?

считаются: The most common forged documents are:

1. Passport of a Russian citizen and passport.
2. Birth certificate.
3. Driver's license.
4. Military ID.
5. Certificates of the Second World War, veteran of labor, pension certificate.
6. Employment history.
7. Sick leave.
8. Power of Attorney, notarized.
9. Service IDs.
10. Diploma of education.

The composition of the crime under part 3 of 327th article of the Criminal Code of the Russian Federation

представляет собой предъявление явно фальшивой бумаги. The use of a forged document is the presentation of an obviously counterfeit paper. The composition of the act covers cases of both intellectual and material forgery. , - извлечение полезных свойств из фальшивой бумаги. The objective side of using a forged document, according to CC , is the extraction of useful properties from counterfeit paper.

From the subjective side, the crime is characterized by the presence of direct intent. , виновный понимает, что он фальшивый, стремится получить определенную выгоду от своих действий. By submitting a deliberately false document , the culprit understands that he is a fake, seeks to derive some benefit from his actions. The subject, of course, realizes the wrongfulness of his behavior. This is indicated by the notion of "knowl- edge".

можно вменяемое физлицо 16 лет. It is possible to bring to responsibility for the presentation of a knowingly forged document on the Criminal Code of the Russian Federation of 16 years. As a rule, the perpetrator is not a manufacturer of counterfeit paper.

Characteristics of actions

Using fake papers refers to the actions of a person aimed at obtaining benefits, effects, other useful properties from documents. A crime subject may present, represent, display papers. . Use also refers to attempts to realize the legal consequences inherent in the content of a forged document .

Nuances of the norm

Indication of the official nature of securities, the use of which forms an independent composition of the act, is absent in the Criminal Code. , однако, практически всегда являются официальными. Subordinate documents , however, are almost always official. At the same time, proceeding from a literal analysis of the norm, it can be concluded that the subject of the crime are personal papers.

выступает как логическое завершение незаконных операций с официальной и личной документацией. Submission of a fraudulent document acts as a logical conclusion of illegal operations with official and personal documentation.

An Important Moment

не может ни при каких обстоятельствах считаться подлинным. A subterfuge can not in any circumstances be considered genuine. At the same time, an official or personal paper created according to established rules, lawfully, will not become fake even if it is illegally treated. If we talk about a "foreign document", then it has all the signs of the genuine. Deceptive use of it is qualified as a "forgery of personality" physical persons.

Specificity of prosecution

наступает при определенных условиях. The penalty for using a forged document comes under certain conditions. First of all, the paper should be used for its intended purpose as a certificate or an act that grants certain rights or exempts from certain duties. For example, a subject presents a fake passport, impersonating another person.

In other cases, the use of counterfeit securities is not punishable under Part 3 327 of the Criminal Code. , например, могут демонстрироваться знакомым с целью показать свои творческие способности. Subordinate documents , for example, can be shown to acquaintances in order to show their creative abilities.

If instead of the corresponding paper, another one is produced that is similar in appearance or content (for example, a certificate instead of a badge, an overdue certificate, etc.), then these actions are more deceptive than forgery.

Qualification problems

самим их изготовителем. The main difficulties arise in the investigation of cases of forewarning forged documents by the manufacturer. Actions aimed at using a fake are not covered by the concepts of marketing and, in fact, falsification.

The submission and falsification of the document are qualified as independent crimes. Responsibility for use is not made dependent on who made the counterfeit. Accordingly, the actions of the perpetrator upon presentation of the falsification by the manufacturer himself are qualified according to the aggregate of Parts 1 and 3 of Article 327 of the Code. In this case, there is a real set of crimes, formed as a result of two independent acts, provided for by different parts of the norm.

Part three of the article does not appear as a qualifying composition. этот нюанс необходимо учитывать. When considering cases on the presentation of false documents by manufacturers in court, this nuance must be taken into account.

End time

The crime provided for in part 3 of 327th article of the Code is considered complete at the time of direct use of the fraudulent document for the purpose. It does not matter whether the culprit achieved the desired result or not.

Further periodic or continuous use of rights on the basis of the forged document presented earlier does not turn the act into an ongoing or continuing one.

Additionally

The infliction of property damage to the owner as a result of falsification of the official document in the absence of signs of theft is additionally qualified for Article 165 as causing damage through fraud or by abuse of trust.

The forgery of the official paper aimed at the gratuitous acquisition of other material values, is regarded as a preparation for fraud. The use of deliberately forged documents for mercenary purposes is qualified as a completed fraud or attempt on it, depending on the consequences.

The action for which the third part of 327th article of the Criminal Code provides for, refers to crimes of small gravity.

Punishment

In accordance with part 3 of 327th article of the Criminal Code for the use of knowingly forged documents, the perpetrators are threatened:

1. A fine of up to 80 thousand rubles. Or collection in the amount of earnings / other income for six months.
2. Compulsory work up to 480 h.
3. Arrest up to 6 months.
4. Correctional labor up to 2 years.

Features of falsification of documents

Falsification of securities is a fairly common socially dangerous act. Counterfeiting as an independent crime is characterized by a number of signs. First of all, in its content, it covers acts whose essence consists in falsifying official papers or other subject carriers of information.

Structural forgery is part of the composition of certain crimes and acts in them as a way of committing them. More than 20 acts provided for by the Criminal Code contain an indirect or direct indication of forgery in the number of signs of the objective part. In some formulations, counterfeiting acts as a qualifying circumstance.

If the document is endowed with a diversified character, then under 327th article, falsification is punished in the part in which the paper certifies legally significant facts, grants specific rights to the person or releases him from certain duties. Counterfeiting relating to other information present in the document is not subject to the provisions of the rule of the Code in question. For example, the composition of the crime of 327th article is not covered by the forgery of the name of the diagnosis in the disability sheet in order to conceal the real disease, unless it is determined by the patient's desire to receive a larger grant.

It is not considered as a fake illegal submission of a document by a competent person. This provision extends to the issuance of duplicates.