Forgery and use of forgery
Wrong
The offense de false is one of the following:
- Make a document entirely false (a fake pay slip, a fake diploma, a fake passport, a fake sick leave, a fake resume, a fake holographic will...)
- Fraudulently edit a document (increase his salary on his pay card, increase the number of days of sick leave...). The document was not originally a forgery, but some untruthful changes were made to it.
- Make a false signature or imitate a signature.
The forgery may be committed on a written or other medium (alteration of a photo, audio or video recording...).
The author of the facts must be aware of the falsehood of the document and the harm that may result.
The document must to seek a right or to prove a fact having legal consequences (obtaining papers, proving income...).
Use of forgery
There's a crime ofuse of forgery when using a forged document to obtain a right or to prove a fact. For example, produce in court a false statement obtained by a photographic assembly to serve as evidence. Or present for signature a false promise of sale made by photocopying another act.
The use of forgeries is punished even if the perpetrator has not fabricated the forgeries in question.
The same person can commit these 2 infringements then, we talk about forgery and forgery.
Sanctions
The offense of forgery or use of forgery shall be punishable by 3 years in prison and €45,000 of fine.
If the false document is a document normally issued by an administration (identity card, passport, vital card...), the penalties are 5 years in prison and €75,000 of fine.
The person who makes and uses false documents (forgery and use of forgery) carries the same penalties.
The perpetrator may also be sentenced to additional penalties and the payment of damages (reimbursem*nt of benefits...).
Attempted forgery and use of forgery shall be punishable by the same penalties.
Forgery and use of forgery in public writing
The support of the forgery is an authentic instrument or a public script (notary, registrar, judgment, for example).
It is called forgery in public writing when the altered document is an authentic instrument or public handwriting for example:
- Court records (court decisions, minutes, expert report...)
- Tax entries (collection registers, tax stamps...)
- Civil status documents
- Documents drawn up by public officials (notaries, commissioners of justice...).
The author of the facts knows perfectly well that the document is a forgery. For example, he has produced a completely false document, affixed his signature falsely or made false statements on a document...
The document must to seek a right or to prove certain facts having legal consequences (acquire a sum of money, inherit an estate...).
The offense of forgery or use of forgery shall be punishable by 10 years in prison and €150,000 of fine.
The perpetrator may also be sentenced to additional penalties and the payment of damages.
The sentences are increased to 15 years and €225,000fine if the person who committed the offense is a person depositary of public authority or entrusted with a public service mission.
Attempting and using forgery is also punishable by the same penalties.
Possession of false administrative documents
The simple possession of false documents of a public administration without making use of them for a procedure is one offense. For example, hold a false French or foreigners passport, a false passport CNFcarte grise , a false hunting license, a false.
The possession of a false document shall be punishable by 2 years in prison and €30,000 of fine.
The possession of several false documents is punishable by 5 years in prison and €75,000 of fine.
The perpetrator also risks additional penalties.
False attestation
Prove material inaccuracies, for example in a certificate produced in court.
The offense of false attestation is the fact to state in writing facts that are known to be inaccurate. This is the case, for example, when we certify that we are housing someone to provide him with a false proof of residence when he lives elsewhere.
The false attestation must be made for a third party beneficiary. Making a false declaration for oneself, such as a declaration of honor, is not considered a crime of forgery but rather a case fraud or tax evasion.
The fact of falsify a certificate or to make use of them is also punished.
Using or making out a false attestation shall be punishable by1 year in prison and 15,000 fine.
If the false certificate is detrimental to the property of others or to the public purse (except in the case of tax evasion), the maximum penalties are increased to 3 years in prison and €45,000 of fine.
