Forgery of documents and use of forgery - why should you turn to a lawyer?

In modern society, offences involving the falsification or use of official documents are regarded as among the most serious and damaging to the proper functioning of the legal and administrative system. The offences of forgery of official documents and use of forged documents are a serious problem with grave consequences, both for the persons involved and for the institutions affected.

In this article, we will explore in detail what these offences mean, what they involve and what the consequences are for those involved. By understanding and recognising the gravity of these offences, we can help promote a fairer and safer society for all its citizens.

What does the offence of forgery of official documents consist of?

Under Article 320 of the Codul Penal (Criminal Code), the falsification of an official document is an unlawful act involving the counterfeiting of the writing or signature of an official document, or any alteration capable of producing legal consequences. Such conduct is regarded as serious, since it seeks to manipulate official information for fraudulent or harmful purposes.

The falsification of official documents may involve various types of documents, such as administrative acts, identity documents, certificates, official minutes or any other document issued by a public authority or official institution. Offences of this kind are considered a serious breach of the legal order and may give rise to severe legal consequences for those involved. Combating these unlawful practices is therefore crucial to maintaining the integrity and credibility of the legal and administrative system.

What is the penalty for this offence?

Under the provisions of Article 320 of the Criminal Code, the penalty for falsifying an official document varies according to the circumstances in which the offence is committed. Thus:

Falsifying an official document, by counterfeiting the writing or the signature or by altering it in any manner, where this is capable of producing legal consequences, carries a penalty of imprisonment from 6 months to 3 years.

Where the forgery is committed by a public official in the exercise of their duties, the penalty is more severe, namely imprisonment from one to 5 years, together with a ban on the exercise of certain rights.

Documents treated as equivalent to official documents, such as tickets, vouchers or other printed matter capable of producing legal consequences, are dealt with in the same way.

An attempt to commit the offence of forgery of official documents is likewise punishable under the law.

What does the use of forged documents consist of?

The use of forged documents is another form of criminal offence, involving the use of an official document or a document under private signature, in the knowledge that it is false, for the purpose of producing a legal consequence. Put simply, where a person uses a document knowing it to be false and seeks to obtain a benefit or to produce a favourable legal consequence for themselves or for another, they commit the offence of use of forged documents.

What is the penalty for the use of forged documents?

Where a person uses an official document or a document under private signature, knowing it to be false, for the purpose of producing a legal consequence, the penalty is as follows:

If the document is an official one, the penalty is imprisonment from 3 months to 3 years or a fine.

If the document is one under private signature, the penalty is imprisonment from 3 months to 2 years or a fine.

Forgery and use of forged documents under private signature

The offence of forgery of documents under private signature is one of the most frequently encountered forms of document forgery, with serious implications in the legal and business environment. Under the Romanian Criminal Code, this conduct involves falsifying a document which, although not issued by a public authority, is capable of producing legal effects - such as a contract, a declaration or a power of attorney.

Forgery under private signature is defined by Article 322 of the Criminal Code and involves the unauthorised alteration, in whole or in part, of a document, with the aim of misleading and of producing legal consequences. In practice, the person committing this offence creates or alters a document so that it appears genuine, intending to use it subsequently as such.

Use of forged documents, governed by Article 323 of the Criminal Code, is the act of knowingly using a falsified document for the purpose of producing legal effects. In other words, even if the person did not themselves falsify the document, its deliberate use constitutes a separate offence.

A common example is signing a contract in another person's name without their consent and then submitting that contract to a bank or public institution. In such situations, both acts - the forgery and the use of the forged document - may be investigated and punished separately.

The penalties provided by law are:

imprisonment from 6 months to 3 years or a fine for forgery under private signature;
the same penalty applies to the use of forged documents, where intent is proved.

It is important to note that using a false document in legal proceedings or in contractual or commercial dealings may aggravate the position and give rise to both civil and criminal consequences.

Offences regularly encountered alongside the use of forged documents

In addition to the offence of use of forged documents, other related offences frequently arise in judicial practice, depending on the purpose for which the falsified document was used and the context of its use:

Material forgery of official documents - where the official document is counterfeited or physically altered.

Intellectual forgery - where an official improperly certifies the facts within an official document.

Forgery of documents under private signature - for forged private documents subsequently used.

Complicity in forgery - for persons who assist in producing the forged document.

Incitement to forgery - where one person causes another to draw up a false document.

Fraud - where the use of the forged document is intended to obtain an unjust financial benefit.

Money laundering - where the forged documents are used to justify the source of unlawful sums of money.

False statements - where untrue information is provided to the authorities by means of written documents.

Embezzlement - in situations where forgery is used for the misappropriation or fraudulent management of assets.

Abuse of office - where officials use forged documents to cause loss or to obtain undue advantages.

Use of forgery frequently does not occur in isolation, but alongside offences of forgery of documents and fraud, since forged documents are used precisely in order to create an appearance of legality in legal or financial dealings.

Why should you turn to a lawyer?

When you are charged with offences such as forgery of official documents or use of forgery, it is essential that you consult and instruct a criminal law specialist lawyer. Here are a few reasons why having the assistance of a lawyer matters in this situation:

Protection of your rights: A lawyer experienced in criminal law can assist you in protecting and defending your legal rights. They can ensure that the legal procedures are observed throughout the proceedings and that you are treated fairly under the law.
Specialist knowledge: Lawyers specialising in criminal law have extensive knowledge of court procedure, the relevant legislation and case law. They can objectively assess the circumstances of your case and provide legal advice tailored to your specific situation.
Effective defence: A competent lawyer can develop an effective defence strategy for your case. They can investigate the charges against you, gather relevant evidence and put forward strong arguments in your favour before the court.
Negotiating with the prosecutor: A lawyer is able to negotiate with the prosecutor on your behalf in order to obtain a favourable outcome before or during the proceedings. They can identify options such as plea agreements or reduced sentences, depending on the circumstances of your case.
Reducing the risk of punishment: With a lawyer representing you, you can benefit from their expertise in identifying opportunities to reduce the sentence or to obtain alternative solutions, such as suspension or deferral of the sentence.

Have you been charged with an offence or are you facing a complex legal issue? Our team of criminal law specialists is here to provide you with the assistance and support you need. Do not let legal problems affect your life or your business.