Forgery involves falsifying documents or drawing up incorrect writings with the intention of using them as authentic. This offence often occurs in fraud cases in the Westland region.
Definition of Forgery
According to Article 225 of the Dutch Criminal Code, there are two categories:
- Paragraph 1 - Altering or counterfeiting an existing document
- Paragraph 2 - Knowingly using a forged document
Conditions for Criminal Liability
To be punishable, the following criteria must be met:
- The document must be intended as evidence
- There must be forgery (incorrect content or counterfeit)
- The intention to present the document as genuine
- Potential harm to a third party
Practical Examples
- Imitating a signature
- Fabricating a fake diploma
- Drawing up fictitious invoices
- Backdating an employment contract
- Altering bank statements
- Forging a doctor's certificate
Penalty
For forgery, a prison sentence of up to 6 years may be imposed. For official documents, such as notarial deeds, this may increase to 7 years.
Link with Other Offences
This offence is often combined with other violations such as fraud, tax evasion, or benefits fraud. False documents are then used as a means for these crimes.
Burden of Proof
Evidence is usually obtained through forensic investigation, such as analysing signatures, testing materials like paper and ink, or checking digital data.
Frequently Asked Questions about Forgery in Westland
When is forgery punishable?
It is punishable when a document is forged or knowingly drawn up incorrectly, with the intention of using it as genuine, and this may cause harm to others. The document must have an evidential function, such as contracts or certificates. Legal advice is recommended in case of doubt.
What distinguishes falsifying from using a false document?
Falsifying (Art. 225 para. 1 Criminal Code) means counterfeiting a document yourself, such as copying a signature. Using (Art. 225 para. 2 Criminal Code) means presenting an already forged document as genuine, for example handing over a fake diploma. Both are punishable, even if you did not forge the document yourself but knew it was false.
Can I report as a victim in Westland?
Yes, if you suspect forgery, you can file a report with the police in Westland. Provide evidence such as original and false documents or witness statements. The police will investigate whether a punishable offence has been committed.
What if I unintentionally use a false document?
If you did not know the document was false, you are usually not criminally liable, as intent is required. However, you may be civilly liable for any damage caused. Legal advice is advisable in such cases.
How is forgery proven?
Evidence is gathered through technical investigation, such as comparing signatures, analysing materials or digital traces. Witnesses and expert reports also help. A lawyer can assist in gathering evidence.