Examination of the Crime of Forgery
In recent years, one of the most significant issues facing the judiciary and the Organization for Registration of Deeds and Properties, attributable in part to the country’s economic instability, has been the crime of forgery. For the normal functioning of society and the preservation of social relations, properly executed documents are essential. The most important factor ensuring the reliability of such documents is the absence of fraud and deception. Documents that are subject to forgery and falsification disrupt social relations and cause material and moral harm to society.
Common Examples of Forgery in Documents and Records
What Is Forgery?
From a linguistic perspective, forgery means alteration or fabrication. In legal terms, forgery refers to the creation or alteration of any writing or document, the fabrication of seals or signatures, the alteration of titles or dates in documents, or the use of another person’s seal or signature without authorization and with intent to deceive. In the crime of forgery, the person who creates or alters something to resemble an authentic document in order to benefit from its legal effects is referred to as the forger.
Conditions for the Commission of the Crime
Since the subject of forgery is a writing or a document, one of the essential conditions for the realization of this crime is that the act concerns a document or written instrument. It is important to note that the forged document need not belong to another person. The document or writing may belong to the forger themselves. For example, altering one’s own birth certificate or modifying a copy of a lease agreement that belongs to the individual may still constitute forgery.
Another condition for the commission of forgery is the capacity to mislead ordinary persons. In other words, there must be a possibility that the forged item could be mistaken for the genuine one. Therefore, even if the similarity between the original and the forged document is limited, or if there is a customary likelihood of confusion, the conduct may still constitute forgery and be subject to prosecution.
For the crime of forgery to be established, the mere presence of false information is not sufficient. The subject of the crime must be inherently fraudulent and fabricated. Accordingly, a false report does not constitute forgery. In forgery, the document itself must be fabricated, and its content must be false and contrary to reality. While both forgery and false reporting involve untruths, the difference lies in attribution. In forgery, the falsehood is attributed to another person, whereas in false reporting, the false statements are attributed to the person making them. In such cases, no fabricated document is created to attribute false content to another individual.
Another condition for the realization of forgery is the occurrence of harm to another party. The altered or fabricated document must entail harm, which may be material or moral.
Material harm refers to damage inflicted upon a person’s property or financial interests.
Moral harm refers to damage to a person’s honor, reputation, family standing, or professional credibility. For example, if a person fabricates a forged court judgment with the intention of damaging another individual’s reputation by accusing them of immoral conduct, the harm inflicted is considered moral harm.
It should be noted that the injured party may be a natural or legal person, and actual realization of the harm is not required. Even the likelihood of harm is sufficient.
Two Fundamental Approaches to the Crime of Forgery
- Total Forgery: Under this approach, total forgery refers to documents or writings that are entirely fabricated and lack any authenticity, such as the creation of a counterfeit driver’s license.
- Partial Forgery: In partial forgery, the document as a whole is authentic, but the altered portion is invalid and not legally enforceable.
Punishment for the Crime of Forgery
Article 532 of the Islamic Penal Code, Book Five on discretionary punishments, provides that if a government employee or official commits forgery of official writings or documents in the course of performing their duties, in addition to compensating for damages and facing administrative penalties, they shall be sentenced to imprisonment from one to five years and a monetary fine ranging from six to thirty million rials.
Pursuant to Article 536 of the same law, forgery or falsification of non-official documents or writings is punishable by imprisonment from six months to two years, along with a monetary fine ranging from three to twelve million rials.
Frequently Asked Questions About the Crime of Forgery
In legal terms, forgery refers to the creation or alteration of documents, writings, seals, or signatures with the intent to deceive and without authorization. The person who commits such acts is referred to as the forger.
The subject must be a document or writing, it must be capable of deceiving ordinary persons, it must be inherently fabricated or altered, and material or moral harm, or the likelihood thereof, must exist.
Material harm concerns damage to property or financial interests, while moral harm relates to injury to honor, reputation, family standing, or professional credibility. Even the probability of such harm is sufficient.
Total forgery involves documents that are entirely fabricated and lack authenticity. Partial forgery involves authentic documents in which only a portion has been unlawfully altered.
Forgery of official documents by public officials is punishable by imprisonment for a term of one to five years and a monetary fine. Forgery of non-official documents is punishable by six months to two years of imprisonment and a monetary fine, as prescribed by law. What is forgery?
What conditions are required for the crime of forgery to be established?
What is the difference between material and moral harm in forgery?
What are the two types of forgery?
What is the punishment for forgery?
