Publication date: 06.06.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Forgery of documents is a serious crime that undermines trust in the legal system and poses risks to public safety. In Ukraine, this crime is regulated by several articles of the Criminal Code, in particular Article 358. In this article, we will consider the legal qualification of document forgery and liability for this crime.
Legal qualification
Definition and corpus delicti of the offence
According to Article 358 of the Criminal Code of Ukraine (CCU), forgery of documents includes
- Forgery of official documents. Production, forgery or use of knowingly forged official documents.
- Forgery of private documents. The production, forgery or use of knowingly forged private documents.
To qualify the offence, it is important to determine whether the suspect intended to use the forged document to achieve a specific goal, such as obtaining an unlawful benefit.
Object of the crime
The object of the crime is social relations related to the procedure for documenting and using official documents. Forgery of documents violates the trust in official documents and may cause damage to both individuals and the state as a whole.
Liability for forgery of documents
Criminal liability
According to Article 358 of the CCU, liability for forgery of documents includes
- A fine. In the amount of one to two thousand tax-free minimum incomes.
- Arrest. For up to six months.
- Restriction of liberty. For up to three years.
- Imprisonment. Up to three years with possible disqualification to hold certain positions or engage in certain activities for up to three years.
Civil liability
In cases where forgery of documents has caused material or moral damage to the victims, they have the right to claim civil damages. The Civil Code of Ukraine provides for the possibility of recovering material and non-pecuniary damages from the perpetrators.
Court practice
Examples of court decisions
- Forgery of educational documents. In one of the cases, a person forged a higher education diploma for employment purposes. The court imposed a fine and ordered the employer to compensate the damage.
- Forgery of medical documents. In another case, a person used forged medical certificates to obtain social benefits. The court ordered the seizure and return of the illegally obtained funds.
- Forgery of notarial documents. In the case of forging a notarisation of a real estate sale and purchase agreement, the court found all participants in the scheme guilty and sentenced them to imprisonment.
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Conclusion
Forgery of documents in Ukraine is a serious crime that provides for strict criminal liability. The legal qualification of this crime depends on a number of factors, including the purpose of using a forged document and the consequences for the victims. Effective counteraction to document forgery requires both strict compliance with the law and active participation of law enforcement agencies and citizens in the detection and investigation of such crimes.
