What Is the Crime of Forgery of an Official Document? What Is the Penalty?
Within the framework of our laws, the crime of document forgery and its penalty are divided into two categories: forgery of a private document and forgery of an official document. Within this scope, the types of crimes are defined in the Turkish Penal Code and their characteristics are specified. By carefully reading this content, you can easily find answers to all your questions such as the penalty for forgery of an official document, whether the penalty for document forgery can be converted into a fine, and how many years of imprisonment are imposed for document forgery.
Forgery of an Official Document
The crimes of forgery of an official document are regulated within the framework of the Turkish Penal Code and concern public interest; for these reasons, the state always protects the persons who are victimized. Since acts of document forgery do not only affect a single person but also endanger public trust, the injured party is always the state. This crime is included in the category of disgraceful crimes in the Turkish Penal Code. In order to impose a penalty for document forgery, it must be understood from the relevant document who made the alteration to the official document. If the person committing the forgery is a public official and unlawfully alters a document that they are authorized to issue, the penalty imposed is increased. For the crimes set out in Article 204 of the Turkish Penal Code to occur, the element of intent—acting knowingly and willingly—is required.
How Does the Crime of Document Forgery Occur?
Within Article 204 of the Turkish Penal Code, multiple alternative acts are envisaged for the crime of forgery of an official document to occur. If one of these acts is committed, the crime of forgery of an official document will have been committed. Briefly, these acts are as follows:
- Issuing a forged official document,
- Using forged documents that have been issued,
- Altering a genuine document in a manner that deceives others
For the official who alters a document issued by virtue of having the duty and authority, multiple alternative acts are also envisaged. These include the authorized official issuing a document in a manner contrary to the truth. In summary, if it is determined that an official who is authorized to issue a document has issued the required official document contrary to the truth, the penalty for document forgery will be increased compared to the standard penalty. For the elements of the crime to be established, the acts of issuing and using the same document must be present together. For example, it is sufficient for the formation of this crime if the authorized official places a forged document they issued into a drawer with the intention of using it.
Within Article 207 of the Turkish Penal Code, multiple alternative acts are envisaged for the crime of forgery of a private document to occur.
- Knowingly and willingly using a private document known to be forged,
- Issuing a private document in a forged manner and using it,
- Altering an existing private document in a manner that deceives others and using it
Unlike the crime of forgery of official documents, for the crime of forgery of a private document to occur, the document must both be forged and used. The mere issuance of a private document is not considered a crime. For it to be deemed a crime, the relevant document must also be used.
What Is the Penalty for Forgery of an Official Document?
The penalty for forgery of an official document is specified as a disgraceful crime under the Turkish Penal Code, and its sanction is imprisonment. Within this scope, issuing a forged document, altering a genuine document in line with one’s own interests, or using a forged document is punishable by imprisonment from 2 to 5 years under our laws. If you are faced with this crime, you may seek support from Izmir criminal lawyer offices. A criminal lawyer in Izmir will assist you within the province and defend you against the accusations you face related to this crime.
If the acts carrying the penalties set out above are committed by a public official who is authorized to issue documents, the relevant penalty is regulated as imprisonment from 3 to 8 years. In cases where the forged documents are treated as valid documents unless proven otherwise, the penalty to be imposed is increased by half. In addition to all these, our laws provide two different provisions to be applied for official and private documents. Accordingly:
If a person uses a document they have forged to commit another crime, the person is punished separately both for the crime of document forgery and for the crime committed. Moreover, if a person issues a forged document to prove their receivables arising from a legal agreement, the penalty to be imposed is reduced by half. For such cases, you may consult Izmir lawyer offices.
What Is the Crime of Forgery of a Private Document?
Today, private documents can be issued easily by anyone. Private documents are frequently issued and put into use. Examples of private documents include petitions, invoices, and contracts. For the crime of forgery of private documents to be committed, an element of intent is required. For both the crime of forgery of an official document and the crime of forgery of a private document, it is necessary that the person acts knowingly and willingly for the crime to be established.
Penalty for Forgery of a Private Document
The penalty for altering private documents is imprisonment from 1 to 3 years. The law does not provide alternative or cumulative penalties for this crime. If the listed acts are committed by the same person at different times using the same document, a single penalty will be imposed on the offender. Our Penal Code introduces two provisions applicable to both private and official documents. Accordingly: If a person uses a forged document in the commission of another crime, they are punished separately for document forgery and for the other crime committed. If the parties have legitimate receivables arising from their relationship and commit the crime of forgery to prove or record the actual situation, the penalty is reduced by half.
What Are the Types of Document Forgery?
The types of document forgery are divided into several subcategories. Based on this information, the crime of forgery may be committed in forms such as issuing a document, using a document, or altering a document issued by an institution.
Qualified Forms of the Crime of Document Forgery
If an official document is a valid document, a fine amounting to half of the penalty is imposed until its falsity is proven. As a form requiring a lesser penalty, if the parties have receivables arising from legal relationships and commit the crime of forgery to prove or record the actual situation, the reduced penalty is decreased by half.
Suspension of the Crime of Document Forgery
Whether this situation occurs will vary depending on the amount of the penalty to be imposed by the court. If the person under probation does not commit another intentional crime, the defendant will be deemed not to reoffend and may be sentenced to imprisonment of 2 years or less.
Judicial Fine in the Crime of Document Forgery
The law does not provide for only a judicial fine, an alternative judicial fine, or both imprisonment and a judicial fine for document forgery. The penalty for this crime is imprisonment. However, in the case of false declaration, even if a person misleads a public official authorized to issue an official document by making a false statement, they are punished with imprisonment from 3 months to 2 years or with a judicial fine. In such cases, a judicial fine is offered as an alternative to imprisonment. The judge will decide on one of these.
You may choose Izmir lawyer offices to defend you in all your cases related to the crime of document forgery. Izmir lawyer offices will review your file before the case and carry out all necessary procedures on your behalf.