Forgery of Birth Certificate and National ID Card

Forgery of Birth Certificate and National ID Card

A National ID Card and a Birth Certificate are identity documents, and like other official documents, they may be forged. Assuming another identity and forging a Birth Certificate or National ID Card under an identity other than one’s true identity constitutes forgery.

Iranian law criminalizes the forgery of identity documents and prescribes penalties. This article addresses the legal concept of identity document forgery, how forged documents may be identified, and the applicable punishments.

How Forged Identity Documents Are Identified

Forgery of National ID Cards and Birth Certificates

A Birth Certificate and a National ID Card are identity documents that establish individuals’ citizenship and enable them to enjoy social rights. These documents support public order, and many legal relationships and transactions are linked to a person’s national identification number.

In practice, some individuals forge civil status and identity records to obtain unlawful advantages, and then use forged Birth Certificates or National ID Cards to commit unlawful acts.

Under Iranian law, forging identity and civil status documents such as a Birth Certificate and a National ID Card is a form of document forgery. Examples of forgery and falsification include producing a document, writing, seal, or signature, altering or distorting a signature, seal, or handwriting, adding words, changing names, erasing or deleting content, making additions, blacking out text, changing the true date of a document, using another person’s seal without permission, attaching one writing to another, and similar acts carried out with the intent to deceive.

A key element in the offense of forgery and the use of forged documents is the intent to commit fraud or deception.

Penalties for Forgery of Identity Documents by Public Officials and Private Individuals

Penalty for Public Officials

Under the Islamic Penal Code, public employees and officials who, in the course of performing their duties, commit falsification in rulings, reports, writings, documents, records, registers, books, or other official papers, whether by creating a signature or seal, altering a signature, seal, or handwriting, adding a word, or changing individuals’ names, shall, in addition to administrative sanctions and compensation of damages, be sentenced to either:

• Imprisonment from one to five years, or.
• A monetary fine from 50,000,000 to 250,000,000 rials.

Penalty for Private Individuals

Private individuals who forge identity documents are punishable under the Islamic Penal Code.

The prescribed punishment, in addition to compensation for damages, is either:

• Imprisonment from six months to three years, or
• A monetary fine from 50,000,000 to 250,000,000 rials.

Forgery of Identity Documents by Organized Groups

Under the law governing violations, crimes, and punishments relating to civil status documents, individuals who form a group or network for the purpose of committing the crimes set out in that law are subject to:

• Imprisonment from five to fifteen years, and
• A monetary fine from 2,000,000 to 10,000,000 rials.

Penalties for Unauthorized Printing and Sale of Civil Status Documents

Under the same legal framework relating to civil status documents, unauthorized production and preparation of civil status seals, theft of such seals, or unauthorized printing of civil status papers and documents is punishable by:

• Imprisonment from two to five years.
• A monetary fine from 2,000,000 to 5,000,000 rials.

If the offense is repeated, the offender may be sentenced to the maximum of both punishments.

Buying and selling Birth Certificates and identity documents is also criminal.

The prescribed fine for such conduct is from 500,000 to 3,000,000 rials, and in the event of repetition, the maximum punishment applies.

If the forgery of these documents is carried out as a professional activity, the offender may be sentenced to:

• Imprisonment from three to ten years.
• The above monetary fines.

What Is the Punishment for Using a Forged Birth Certificate or National ID Card?

If a person uses a forged identity document knowing it is forged and with the intent to deceive, they commit an offense. They may be sentenced to the punishment provided by law, including:

• Imprisonment from six months to three years.
• A monetary fine from 5,000,000 to 250,000,000 rials.

In addition, the punishment for using identity documents while knowing they are forged has also been described in the law as:

• Imprisonment from one to three years.
• A monetary fine from 500,000 to 1,000,000 rials.

Frequently Asked Questions About Forgery of Birth Certificate and National ID Card