Forging or forging a travel document or an identity document is a crime. In addition, possession and delivery of a false or forged travel document or proof of identity is also punishable. In principle, this offense is punishable by up to six years in prison or a fifth-category fine (€103,000).
This is a different offense than forgery, as referred to in Article 225 Sr.
What does the law article say regarding a fake travel document or identity card?
The article of law that criminalizes the falsification or false preparation of a travel document or identity card, or the possession thereof, Article 231 Penal Code, reads as follows:
'He who falsely makes or falsifies a travel document, a certificate of identity as referred to in Section 1 of the Compulsory Identification Act or any other certificate of identity issued by a service or organization of vital or national importance, or causes such a document to be issued on the basis of false personal data, or makes such a document than has been issued to him or another available to a third party with the intention of having it used by him as if it had been issued to him, shall be punished with imprisonment for a term not exceeding six years or a fine under the fifth category.
With the same punishment shall be punished he who delivers or has in his possession a travel document or an identity document as referred to in the first paragraph which he knows or should reasonably suspect to be false or forged, or intentionally uses a false or forged travel document or identity document as referred to in the first paragraph. With the same penalty shall be punished he who intentionally and unlawfully makes use of a travel document or proof of identity as referred to in the first paragraph that has been reported missing to the competent authority or that has not been issued in his name.'
What penalties can be imposed for a false travel document or identity card?
Ultimately, it is up to the judge to judge whether a criminal offense has been committed. If this turns out 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 a false travel document or identity card is six years. However, this is by no means always imposed.
A lawyer from Kötter, L'Homme & Plasman Attorneys at Law can play an important role when a false travel document or identity card is suspected. For example, 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 suspect has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten may argue circumstances why a low(er) sentence should follow.
Is an attempt to obtain a false travel document or identity card punishable?
Attempting this crime is not punishable.
Need a lawyer because of a fake travel document or ID?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of having a false travel document or ID. 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 lawyers do not bake sweet cakes; we give 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.
Want to read more about forgery, for example? Then click here.
