Please let me know if there is an order from the same number and the same number with a signature and seal, which was photographed with a phone, but only in this form, and the same order with the same number and from the same number with a seal and signature, but with a different content in in paper form, is it possible to prove a forgery?
Questions regarding forgery of documents
solvedAnswers
Yaroslav Sikorsky
Yes, you can, but under certain conditions.
According to the Criminal Code of Ukraine, forgery is carried out in relation to official documents.
The Supreme Court came to the conclusion that when establishing the features of an official document as the subject of a crime, the following criteria should be used:
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the document must be drawn up, issued or certified by the relevant person within the scope of his competence in the form defined by law and with the appropriate details;
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the information recorded in such a document must be of a legally significant nature - specific events, phenomena or facts confirmed or witnessed by it must cause or be capable of causing consequences of a legal nature in the form of the emergence (realization), change or termination of certain rights and/or obligations.
Non-compliance of the document with at least one of the above criteria prevents its recognition as official.
In each specific case, the prosecution must assess whether the forged document is official or not. To do this, it is necessary to analyze it for compliance with the above points, and even better - to appoint a comprehensive examination.
Criminal liability for forgery of documents occurs when active actions are taken, in particular:
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forgery of a certificate or other document (making changes to it);
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sale of a forged document;
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production of forged seal, stamp;
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stamp and seal sales;
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use of a known forged document.
For more detailed consultation on this issue, contact me, I will be happy to help.
27.06.2023 09:18