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
Forgery of a Birth Certificate and National ID Card is a form of identity document forgery and includes making, altering, attaching, or using identity documents with intent to deceive.
A private individual who forges identity documents may be sentenced, in addition to compensation of damages, to imprisonment from six months to three years or a monetary fine from 50,000,000 to 250,000,000 rials.
A public employee or official who forges identity documents in the course of duty may be sentenced, in addition to administrative sanctions and compensation of damages, to imprisonment from one to five years or a monetary fine from 50,000,000 to 250,000,000 rials.
Forming a group or network for the purpose of committing identity document forgery may result in imprisonment from five to fifteen years and a monetary fine from 2,000,000 to 10,000,000 rials.
Unauthorized printing of civil status documents or seals may result in imprisonment from two to five years and a monetary fine from 2,000,000 to 5,000,000 rials. Repeated offenses may lead to the maximum punishment.
Using forged identity documents with knowledge of the forgery and intent to deceive is punishable by imprisonment and or a monetary fine as provided by law. In some provisions, the punishment is described as six months to three years imprisonment or a fine from 5,000,000 to 250,000,000 rials, and elsewhere as one to three years imprisonment with a fine from 500,000 to 1,000,000 rials. What offense is forgery of a Birth Certificate and National ID Card?
What is the punishment for private individuals who forge identity documents?
What is the punishment for public officials who forge identity documents?
What is the punishment for organized group forgery of identity documents?
What is the punishment for unauthorized printing of civil status documents?
What is the legal consequence of using a forged Birth Certificate or National ID Card?
If someone creates a fake national ID card using another person’s information, what kind of legal consequences can they face?
Creating or using forged identity documents can lead to serious legal consequences because official identity documents have legal value. The specific penalties depend on factors such as the type of document, the purpose of the forgery, and the circumstances of the case.
Can a person be charged if they only use a fake birth certificate but did not make it themselves?
Using a forged official document can create legal responsibility even if the person did not personally create the document. However, the outcome depends on issues such as whether the person knew the document was false and how it was used. Each case requires reviewing the specific facts and evidence.
If someone changes their age or identity details on a birth certificate, is that considered forgery?
Changing official identity information without legal authorization may raise issues related to document forgery or misuse of official records. The legal classification depends on what was changed, how it was done, and the purpose behind the change.
What if someone finds a lost national ID card and uses it to open a bank account?
Using another person’s identity document without authorization can create legal problems, especially if it is used to obtain services or create false information. The consequences depend on the circumstances, including the purpose of use and any resulting harm.
Can a person who helped someone get a fake ID document also be punished?
A person who assists in creating, obtaining, or using forged documents may face legal consequences depending on their role and involvement. Authorities generally consider the actions and intentions of each person separately when evaluating responsibility.
If my national ID information is copied and used by someone else, what should I do first?
If someone suspects misuse of their identity documents, it is important to preserve any evidence and consider reporting the issue through the appropriate legal channels. The best steps depend on the type of misuse and the circumstances involved.
Is a fake birth certificate treated differently from a fake private document?
Official identity documents generally receive special legal consideration because they are issued by government authorities and are used to establish personal status. The consequences of forgery can vary depending on whether the document is official, private, or used for a specific purpose.
If someone uses a fake identity document to travel or apply for residency, can that create additional charges?
Using forged identity documents for official purposes may create additional legal issues depending on the purpose of use and the applicable laws. Immigration, travel, and identity-related matters can involve different legal considerations, so the specific facts are important.
How can authorities prove that a national ID or birth certificate is fake?
The authenticity of official documents can be examined through records, expert reviews, issuing authority information, and other evidence. The exact process depends on the document involved and the procedures followed by the relevant authorities.
If someone forces another person to give them their birth certificate for misuse, who is responsible?
Responsibility depends on the actions of each person involved and the evidence available. A person who obtains or uses another person’s identity documents without authorization may face legal consequences, but the specific assessment requires reviewing the circumstances of the case.