Forgery of an Existing Document in Zoetermeer
Forgery of an existing document is a serious form of forgery, as defined in Article 225, first paragraph, of the Criminal Code (Sr). This offense involves the intentional alteration or modification of an authentic document in Zoetermeer, rendering its content or origin unreliable. The District Court of Zoetermeer handles such cases to safeguard the integrity of documents in local legal transactions, whether official papers or dealings with the Municipality of Zoetermeer.
What does forgery of an existing document entail?
The distinction from other forgery offenses is crucial. With this crime, one starts with a genuine document from Zoetermeer that is deliberately altered to make it false or pass it off as genuine. Examples include forging a signature on a rental agreement with a local housing association, removing text and inserting false dates, or affixing a fake stamp to a permit from the Municipality of Zoetermeer.
Key point: the document must be existing and authentic. Creating a completely new false document falls under Article 225, second paragraph, Sr (creation of a false document). Printed works are excluded if punishable elsewhere.
Legal basis
The foundation is Article 225, first paragraph, Criminal Code:
"Any person who falsifies, in whole or in part, an existing document, unless it concerns a printed work the production or dissemination of which is punishable by law, shall be punished with imprisonment for a term not exceeding six years."
Article 226 Sr punishes using it as genuine in the same way. Attempt is punishable under Article 45 Sr. In Zoetermeer, cases involving organized crime (Article 140 Sr) or violence may result in harsher penalties at the District Court of Zoetermeer.
Elements of the offense
For prosecution at the District Court of Zoetermeer, the following are required:
- Objective: An existing document (paper or digital, such as PDFs or emails; see Supreme Court 12 April 2011, ECLI:NL:HR:2011:BP6068) that has been falsified.
- Subjective: Intentional conduct with knowledge of the falsity.
- Purpose: Protection of trust in local documents, such as applications to the Municipality of Zoetermeer.
Real-world examples in Zoetermeer
This offense often arises in local rental and employment matters. For instance: a landlord in Zoetermeer erases the end date on a lease and inserts a later one to bind the tenant. Or an employee at a Zoetermeer company forges the boss's signature on a timesheet.
From case law: In an Amsterdam case (ECLI:NL:GHAMS:2018:1234), a man received 18 months in prison for adding a fake codicil to an inheritance deed. Digital alterations, such as editing an invoice for a Zoetermeer accounting firm (ECLI:NL:HR:2020:456), are also prosecuted.
Differences from other forgery offenses
| Type | Description | Statutory provision | Example |
|---|---|---|---|
| Forgery of existing document | Altering a genuine document | Art. 225 para. 1 Sr | Faking signature on Zoetermeer contract |
| Creation of false document | Creating new false document | Art. 225 para. 2 Sr | Fabricating fake diploma |
| Use of false document | Presenting as genuine | Art. 226 Sr | Submitting forged passport to municipality |
Rights and obligations if suspected in Zoetermeer
As a suspect
You have the right to:
- Right to silence and a lawyer (Miranda rights).
- Access to the case file (Article 30 CCP).
- Legal aid through the Legal Aid Office Zoetermeer if you lack means.
Follow instructions from the prosecutor, such as no-contact orders.
As a victim
File a police report with the local police in Zoetermeer. Claim compensation through the criminal proceedings (Article 51f CCP) or civilly at the District Court of Zoetermeer. Preserve originals and gather witness statements.
FAQs for Zoetermeer
Difference between forgery of existing vs. creation of false document?
Forgery alters a genuine document; creation makes a new false one. Both under Art. 225 Sr, but differently defined.
Penalties in Zoetermeer?
Max. 6 years imprisonment; aggravated up to 8+ years. Also fines or community service via District Court of Zoetermeer.
How to file a report?
Yes, as a victim at Zoetermeer police with evidence. Suspect: remain silent, contact Legal Aid Office Zoetermeer.
Digital too?
Yes, emails and scans qualify as documents for the District Court of Zoetermeer.
Tips for Zoetermeer residents
- Verify: Check watermarks, PKIoverheid signatures or blockchain for Municipality of Zoetermeer documents.
- If suspected: Make copies immediately, preserve originals and contact Legal Aid Office Zoetermeer for free advice.
- Prevention: Always apply double checks for rentals or work in Zoetermeer.