What does a false document and its compilation really mean?
The compilation of a false document covers the understanding of compiling a false document or editing a genuine one, regardless of whether the document is official or private.
Compilation of false OFFICIAL documents
Compiling a false document- When someone compiles a document and gives it the appearance of being issued by an official. The official’s signature can be copied or forged, and also fabricated. The authorship of the document can also be of an actual official without discrediting the signature. Compiling and forgering documents differ in that compiling is the creation of a statement that does not reflect the will of the author of the document and forgering is an action that consists in replacing, supplementing or deleting symbols from a given document.
When the crime is the compilation of a false document, a statement is drawn up so that it seems to come from the real author’s name. Forgering is not the making of a document with false content, but the conversion of a genuine document into a false one.
There are two forms of executive action in this hypothesis- compiling a false official document and forgering it. When the document is compiled, there is a completed act, and if not all the acts of forgery have been done.
Compiling a false official document, when it is given the appearance that it was issued by an official – for example, if the signature is manipulated in some way. The end result is that the actual signature of the competent official who is indicated as the author of the document is missing.
Forgery of OFFICIAL documents and Compilation of false PRIVATE document
The forgery of the content of an official document is present when the perpetrator of the act has changed the content in whole or in part without the consent of the author of the document, by addition, substitution or deletion. In this case, the signature of the author is valid, because it does not change, otherwise we enter the hypothesis of drawing up a false document.
The crime of compiling a false official document is effective when the authorship is changed in the document. The direct intention of the crime is the type and the form of guilt.
The act of compiling false documents is constitutive. In addition to compiling the document, it is also necessary to use it. The crime is two-act, because the first act is the compilation of the document, and the second is its use, which actually completes the act. The use is the presentation of the false document to a private person or authority. When the perpetrator has not used the document, but has such intentions, the act is an attempt.
Peculiarity of the crime
The perpetrator can commit the crime himself or through another person. The liability of the other person depends on his intent. For example, there is complicity when there is an intention for both the use and the compilation of the document. There is a hypothesis that states that in the absence of a common intention, the crime was vicariously committed. This is because the perpetrator performs the elements of the crime but at the same time thinks that he is not committing a crime. The case lacks an element of intent, which precludes liability.
Forgery of PRIVATE documents
The forgery of a private document is provided for in Art. 309 of the Criminal Code. According to Art. 309, para. 1, “Whoever, by himself or through another, draws up a false private document or alters the contents of a private document and uses it to prove that it exists or does not exist or that any right or obligation or any legal relationship has been terminated or modified, shall be punished for falsification of a document with…”. Subject of such crime can be any criminally liable person.
The use of a false private document fulfills the composition of a document crime under Art. 316 of the Criminal Code, which means that the perpetrator falsifies the private document in order to use it himself. Given this, if he decides to use it only after its forgery, he will not carry out the considered composition under Art. 309 of the Criminal Code. This actor can carry out, using the forged document, only the subsidiary composition under Art. 316 of the Criminal Code – criminal use of a corrupt document.
Nowadays, especially for people from countries outside the European Union, European documents are a dream. For exactly the same reason, there are also people who remake and compose false documents. Fake documents are common these days and their authors and users are caught just as often. Some people even remain deluded that they are getting real documents, but unfortunately this is not true.Forging, the compilation and using documents are crimes!