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Case law on forgery of documents in Ukraine

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Миколаєнко Олена
Lawyer
Ukraine / Kyiv
Миколаєнко Олена

i

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Publication date: 08.06.2024

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 criminal offence that entails significant legal consequences. In today's society, documents play a key role in various fields of activity, and their authenticity is of great importance. In this article, we will examine the peculiarities of court practice in cases of forgery of documents in Ukraine, as well as the role of a lawyer in such cases.

Legislative regulation of document forgery

According to the Criminal Code of Ukraine, forgery of documents is regulated by Article 358 of the CCU. This article provides for criminal liability for:

  • Forgery of an official document granting rights or exempting from obligations.
    Sale of forged documents.
    Use of knowingly forged documents.
    Depending on the gravity of the offence, the penalties may include fines, arrest, restriction or imprisonment.

Court practice in cases of forgery of documents

The case law on forgery of documents in Ukraine is quite diverse. Judges take special care when considering such cases, as forgery can have serious consequences for society and individuals.

The main aspects that are taken into account in court practice are as follows:

  • Intent: The court examines whether the forgery of documents was intentional. The existence of intent is a key factor in determining the guilt of the accused.
  • The purpose of the forgery: The purpose of the forgery is important. If the forgery was intended to obtain material gain, this may be an aggravating circumstance.
  • Scope of the forgery: The court assesses whether the forgery concerned a single document or was part of a larger criminal plan involving the forgery of several documents.
  • Consequences of the forgery: Assessment of the damage caused by the forgery is an important aspect in determining the sentence. This may include both material and non-pecuniary damage.

Examples of court decisions

There are various cases of document forgery in court practice. For example, in a case of forgery of higher education diplomas, the court found the defendant guilty, given the intentional nature of the crime and the material benefit he received. Another example is a case of passport forgery for illegal border crossing, where the court took into account aggravating circumstances and imposed a more severe sentence.

The role of a lawyer in cases of document forgery

A Lawyer for 358 UKU plays an important role in protecting the rights of defendants in document forgery cases. Given the complexity of such cases, professional defence is essential to ensure a fair trial.

If you need an experienced document forgery lawyer, contact the experts at https://consultant.net.ua. Here you will find professional lawyers who can protect your rights in cases related to forgery. A qualified Lawyer for Forgery of Documents 358 UKU will help you collect the necessary evidence and prepare a defence. A lawyer for forgery of documents 358 of the Criminal Code will provide you with professional support and effective defence in court. Lawyer. 

Conclusion

The case law on forgery in Ukraine is diverse and depends on the specific circumstances of each case. An important aspect is the availability of a qualified lawyer who can ensure proper protection of the rights and interests of the accused. Forgery of documents is a serious crime with significant legal consequences, so professional defence is essential to ensure a fair trial.

Contact professional lawyers at https://consultant.net.ua to get quality legal assistance and effective defence in court.

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