Forgery is the falsification or forgery of a document intended to be used as evidence. In principle, forgery is punishable by up to six years in prison or a fifth-category fine (€103,000). If the offense is committed with the purpose of preparing a terrorist crime, the prison sentence is increased by one-third.
Imagine someone creating a fake ID card to take out a loan. This person creates an ID card with a fake name, a fake birth date and a photoshopped image. Then this person uses this fake ID card to pretend to be someone else at the bank to obtain a loan. Through this forgery, the person attempts to deceive the bank and obtain a loan falsely.
In this case, forgery may occur because the identity card is forged and used with the intent to deceive or mislead someone. The forger has produced a false document and used the document to obtain a financial benefit, which is punishable under Article 225 Sr.
The traveling with a false travel document or identity card is also punishable. However, a separate penal provision applies here, viz. article 231 Sr.
What does the article of law say regarding forgery?
The article of law criminalizing forgery, Article 225 of the Penal Code, reads as follows:
'He who falsely makes or forges a writing intended to serve as evidence of any fact, with intent to use it as genuine and unadulterated or to cause it to be used by others, shall be punished as guilty of forgery, by imprisonment for a term not exceeding six years or a fine of the fifth category.
With the same punishment shall be punished he who intentionally uses the false or forged writing as if it were genuine and unadulterated or intentionally delivers or has at his disposal such writing while he knows or should reasonably suspect that it is intended for such use.
If an offense described in the first or second paragraph is committed with the intention of preparing or facilitating a terrorist crime, the imprisonment penalty imposed on the offense shall be increased by one-third.
What penalties can be imposed for forgery?
Ultimately, it is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. This includes a defendant's personal circumstances. The maximum prison sentence that can be imposed for forgery is six years. If the offense is committed with the purpose of preparing or facilitating a terrorist crime, the prison sentence is increased by one-third. However, this is by no means always imposed.
An attorney at Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a suspected forgery case. One of our lawyers can point out to the judge that there is too little evidence. In that case acquittal should follow. Sometimes it happens that a defendant has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten may present circumstances why a low(er) sentence should follow.
Is attempted forgery a criminal offense?
Attempting this crime is not punishable.
Exoneration for forgery?
With regularity, suspects are acquitted of this crime. An example is shown below.
A case before the Amsterdam Court of Appeal involved forgery, in which the defendant was accused of forging a document to prove a non-existent agreement. The document allegedly confirmed the provision of services, when in reality no agreement existed between the defendant and the other party. However, the defendant claimed that he had never used the document with intent to deceive others because the document had not been shown to third parties. The court found that although the defendant had rented a truck, there was no evidence that he had actually used the document to defraud. Therefore, the court acquitted the defendant of forgery.
Need a lawyer for forgery?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists and can assist you the moment you are suspected of forgery. Our attorneys will discuss the criminal case with you and together with you determine a strategy that will achieve the success you desire. However, it is good for you to know that our attorneys do not sugarcoat your case; we provide sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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