Forgery concerns the falsification of documents or the preparation of incorrect writings with the intention of presenting them as authentic. This offence often occurs in fraud cases in Zoetermeer and surrounding areas.
Definition of Forgery
According to Article 225 of the Criminal Code, there are two categories:
- Paragraph 1 - The alteration or imitation of an existing document
- Paragraph 2 - The deliberate use of a forged document
Conditions for Punishability
To be punishable, the following criteria must be met:
- The document must be intended as evidence
- There must be inaccuracy or falsification
- The intention to use the document as genuine
- Potential harm to a third party
Practical Examples
- The imitation of a signature
- The falsification of a certificate or diploma
- The preparation of fictitious invoices
- The backdating of an employment contract
- The adjustment of financial statements
- The fabrication of a doctor's certificate
Penalty
The maximum penalty for forgery is 6 years' imprisonment. For official documents, such as notarial deeds, this can increase to 7 years.
Link with Other Offences
In Zoetermeer, forgery is often linked to offences such as deception, tax fraud or abuse of benefits. Forged documents are used therein as an instrument for other fraudulent practices.
Burden of Proof
Evidence is usually gathered through forensic investigation, such as the analysis of signatures, testing of materials such as ink and paper, and examination of digital traces in documents.
Frequently Asked Questions about Forgery in Zoetermeer
When is forgery punishable?
It is punishable when a document has been deliberately falsified or incorrectly prepared, with the intention of using it as genuine and thereby causing damage. It must be a document that can serve as legal evidence, such as a contract or invoice. A lawyer in Zoetermeer can help assess the situation.
What distinguishes falsifying from using a forged document?
Falsifying (Art. 225 para. 1 CC) is the act of altering or imitating a document oneself, such as imitating a signature. Using (Art. 225 para. 2 CC) means deliberately presenting an already forged document as genuine, for example by submitting a fake diploma. Both are punishable in Zoetermeer.
Can I file a report in Zoetermeer if I am a victim?
Yes, you can file a report with the police in Zoetermeer if you suspect someone has used a forged document to harm you. Provide evidence such as original and forged documents or witnesses. The police will investigate whether an offence has been committed.
What happens if I unknowingly use a forged document?
If you did not know the document was forged, you are usually not criminally liable, as intent is a requirement. However, you may be civilly liable for any damage caused. Contact Juridisch Loket Zoetermeer for advice.
How is forgery established?
Evidence is often obtained through technical investigation, such as comparing signatures or analysing digital metadata. Experts and witnesses can also contribute. A lawyer in Zoetermeer can assist in gathering evidence.