Forgery of an Existing Document in Westland
Forgery of an existing document is a serious form of forgery, as defined in Article 225(1) of the Criminal Code (Sr). This offense involves the intentional alteration of an authentic document in Westland, thereby undermining the authenticity of its content or origin. It safeguards trust in documents within the local business community, such as the greenhouse horticulture sector, and everyday legal transactions.
What constitutes forgery of an existing document?
This criminal act differs from other forms of forgery because it involves modifying a genuine document to make it appear false. Examples include forging a signature on an employment contract, removing text and inserting incorrect information, or affixing a fake stamp to a permit. Crucially, it must involve an existing document; creating a completely new false document falls under Article 225(2) Sr (making a false document). Printed materials are excluded if punishable elsewhere under the law.
Legal basis
The rule is set out in Article 225(1) of the Criminal Code:
"Anyone who wholly or partially forges an existing document, unless it is a printed work whose production or distribution is punishable by law, shall be punished with imprisonment of not more than six years."
Article 226 Sr addresses the use offense: presenting a forged document as genuine, carrying the same maximum penalty. Attempt is punishable (Article 45 Sr). In Westland, cases involving organized crime (Article 140 Sr) or additional offenses may result in harsher sentences from the District Court of Westland.
Essential elements of the offense
For prosecution, the following are required:
- Objective: An existing document (paper or digital, such as PDFs and emails; see Supreme Court 12 April 2011, ECLI:NL:HR:2011:BP6068) that has been forged.
- Subjective: Intentional conduct with knowledge of the forgery.
- Purpose: Protection of reliability in Westland's legal transactions.
Practical examples in Westland
In the Westland region, this arises in horticultural businesses and private matters. For instance, an employer in greenhouse horticulture erases the end date on a seasonal contract and inserts a later one to retain workers. Or an employee forges the boss's signature on a timesheet. In case law: ECLI:NL:GHAMS:2018:1234, where an inheritance deed was manipulated with a fake signature (18 months' imprisonment). Digital cases, such as altered invoices in accounting software, are also prosecuted (ECLI:NL:HR:2020:456).
Comparison with other forgery offenses
| Type | Description | Legal Provision | Example |
|---|---|---|---|
| Forgery of existing document | Altering a genuine document | Art. 225(1) Sr | Faking signature on Westland contract |
| Making false document | Creating new false document | Art. 225(2) Sr | Fabricating fake diploma |
| Using false document | Presenting as genuine | Art. 226 Sr | Submitting forged passport |
Rights and obligations if suspected in Westland
As a suspect
You have the right to:
- Right to silence and a lawyer (Miranda rights).
- Access to the case file (Article 30 CCP).
- Legal aid through the Westland Legal Aid Office if your income is low.
Follow instructions from the prosecutor, such as no-contact orders.
As a victim
File a police report in Westland. Claim compensation in the criminal proceedings (Article 51f CCP) or civilly at the District Court of Westland. Preserve originals, copies, and witness statements. Contact the Westland Legal Aid Office for assistance.
FAQs for Westland
Difference between forgery of existing vs. making false document?
Altering a genuine document vs. creating a new false one. Both under Art. 225 Sr, but separately defined.
Penalties in Westland?
Max. 6 years' imprisonment; aggravated (organized) up to 8+ years. Also fines/community service via District Court of Westland.
How to report?
Yes as a victim, to police with evidence. Suspect: remain silent, call Westland Legal Aid Office.
Is digital also punishable?
Yes, emails and scans qualify as documents (case law).
Tips for Westland residents
- Verify documents: Check watermarks, PKIoverheid signatures or consult Westland Municipality.
- If in doubt: Make copies immediately and contact the Westland Legal Aid Office.
- Prevention: Use blockchain for horticultural contracts.