A fake document is paper that is properly manufactured but contains false information. There are two types of forgery: material and intellectual. The use of a deliberately forged document is punishable by law. Responsibility is established by part 3 of the 327th article of the Criminal Code.
Forgery: classification
Material forgery is the introduction of changes to an original document by etching, cleaning, or the production of a completely fake document (including details). In case of intellectual forgery, the form of the approved sample contains information that does not correspond to reality.
Official and unofficial papers
A document, according to which a subject has certain obligations and rights, as a rule, certifies legal facts. For example, a sick leave first of all confirms the fact of disability. However, by presenting it, you can get a benefit.
Paper drawn up by a private person or drawn up on behalf of a non-existent legal entity is not official and is not considered an offense under Art. 327. A false power of attorney is not recognized by him, according to which a person acquires the right to manage the vehicle, if it is not certified by a notary.
Moreover, in the case of certification of a private document (will, agreement, power of attorney, etc.) by an official, a competent authority, a notary public, he becomes official. In such a situation, the paper comes from an authorized entity and is vested with legal force.
The official papers acting as a subject of falsification should include those issued by institutions and enterprises registered in accordance with the rules established by law. The legal form of legal entities does not matter. The official nature of the paper is associated with its specific form, available for perception by the addressee.
Public danger of crime
The 327th article of the Criminal Code is contained in chapter 32, Crimes Against Management. At the same time, in practice, falsification in many cases does not concern managerial interests and relations (for example, falsification of a will notarized).
The use of obviously false documents is an encroachment on the social and legal relations of different spheres. Among them are civil law, labor, administrative and financial relations. Moreover, in all cases there is a violation of relations, ordered by the norms of law. First of all, the encroachment is committed on the procedure for processing documents.
The general object of crime
It is a complex of public relations, through which the information and certification functions of municipal, state and other official bodies, institutions, enterprises are implemented. Simply put, the provision of forged documents always breaks the bonds that ensure the normal functioning of non-state and state, as well as public structures in the field of creating certain types of securities, their use, official confirmation of legally significant facts.
What papers are most often faked?
The most common forged documents are:
- Passport of a citizen of the Russian Federation and passport.
- Birth certificate.
- Driver's license.
- Military ID.
- Certificates of the Second World War, a veteran of labor, a pension certificate.
- Employment history.
- Sick leave.
- Power of attorney certified by a notary.
- Service IDs.
- Diploma of education.
Composition of a crime under Part 3 of the 327th Article of the Criminal Code
The use of a forged document is the presentation of clearly fake paper. The composition of the deed covers cases of both intellectual and material forgery. The objective side of using a fake document, according to the Criminal Code , is the extraction of useful properties from fake paper.
On the subjective side, the crime is characterized by the presence of direct intent. Presenting a deliberately forged document , the guilty understands that he is false, seeks to obtain a certain benefit from his actions. The subject is certainly aware of the wrongfulness of his behavior. This is indicated by the concept of "deliberate".
It is possible to prosecute a sane individual for 16 years for liability for the presentation of a deliberately forged document under the Criminal Code of the Russian Federation . As a rule, the subject of the crime is not a manufacturer of fake paper.
Action characteristics
The use of fake papers refers to the actions of a person aimed at obtaining benefits, effect, other useful properties from documents. The subject of a crime may present, represent, demonstrate paper. The use also refers to attempts to realize the legal consequences inherent in the content of a forged document .
The nuances of the norm
An indication of the official nature of the securities, the use of which forms an independent composition of the act, is absent in the Criminal Code. False documents , however, are almost always official. However, based on a literal analysis of the norm, it can be concluded that personal papers are also a subject of crime.
The presentation of a forged document acts as the logical conclusion of illegal operations with official and personal documentation.
Important point
A false document cannot under any circumstances be considered authentic. At the same time, official or personal paper created in accordance with the established rules in a legal way will not become false even if it is illegally handled. If we talk about "someone else's document", then it has all the signs of genuine. Its deceitful use qualifies as an “identity forgery” of an individual.
The specifics of prosecution
The punishment for using a forged document occurs under certain conditions. First of all, paper should be used for its intended purpose as a certificate or act granting certain rights or exempting from certain duties. For example, the subject presents a fake passport, posing as another person.
In other cases, the use of fake securities does not entail punishment under part 3 of the 327th article of the Criminal Code of the Russian Federation. Forged documents , for example, can be shown to acquaintances in order to show their creative abilities.
If, instead of the corresponding paper, another one is presented that is similar in appearance or content (for example, a certificate instead of a pass, an expired certificate, etc.), then these actions are more related to fraud, not forgery.
Qualification issues
The main difficulties arise in the investigation of cases of presentation of obviously false documents by their manufacturer. Actions aimed at using fake are not covered by the concepts of marketing and, in fact, fake.
The presentation and falsification of a document qualifies as an independent crime. Responsibility for use is not dependent on who made the fake. Accordingly, the actions of the perpetrator upon presentation of the fake by the manufacturer themselves are qualified in the aggregate of parts 1 and 3 of the 327th article of the Code. In this case, a real complex of crimes takes place, which is formed as a result of two independent acts provided for in different parts of the norm.
Part three of the article does not act as a qualifying composition. When considering cases of manufacturers producing false documents in court, this nuance must be taken into account.
End time
The crime stipulated by part 3 of the 327th article of the Code is considered completed at the time of direct use of the forged document for its intended purpose. It does not matter if the culprit achieved the desired result or not.
Further periodic or continuous use of rights on the basis of a false document presented earlier does not turn the act into a continuing or continuing one.
Additionally
Causing property damage to the owner as a result of falsification of an official document in the absence of signs of theft is additionally qualified under Article 165 as causing damage through fraud or through breach of trust.
Forgery of an official paper aimed at gratuitously taking possession of other people's wealth is regarded as preparation for fraud. The use of obviously false documents for personal gain is qualified as a complete fraud or attempt on it, depending on the onset of consequences.
The act, for which liability is provided for by the 3rd part of the 327th article of the Criminal Code, refers to crimes of minor gravity.
Punishment
In accordance with part 3 of the 327th article of the Criminal Code, for the use of obviously false documents, the perpetrators face the following:
- Fine up to 80 thousand p. or recovery in the amount of earnings / other income for six months.
- Mandatory work up to 480 hours
- Arrest up to 6 months.
- Correctional work up to 2 years.
Features of fake documents
Falsification of securities is a fairly common socially dangerous act. Counterfeiting as an independent crime is distinguished by a number of signs. First of all, in its content, it covers acts whose essence is the falsification of official papers or other subject information carriers.
Structurally, forgery is part of some crimes and acts in them as a way of committing them. More than 20 acts stipulated by the Criminal Code contain indirect or direct indication of forgery among the signs of the objective part. In some formulations, fake acts as a qualifying circumstance.
If the document is endowed with a versatile nature, then under the 327th article, falsification is punished in that part in which the paper certifies legally significant facts, provides specific rights to a person or releases him from certain duties. The falsification related to other information present in the document does not fall within the provisions of the considered Codex norm. For example, the falsification of the name of the diagnosis in the incapacity certificate in order to hide a real illness is not covered by the crime of article 327, if this is not due to the patient's desire to receive a larger allowance.
It is not considered as a fake illegal presentation of a document by a competent person. This provision applies to the issuance of duplicates.