Official forgery - what is it? Features of the crime, punishment

Forgery is usually called a criminal offense related to unlawful acts against the federal government. The definition of official forgery, the concept of it, as well as the possibility of correctly identifying this violation in the actions of citizens will be described in this article.

Official forgery - what is it?

About official forgery

The subject of the offense, that is, the SP, is official papers that are used by troops and military formations of Russia, government agencies and municipal institutions, structures of the Russian Armed Forces that assign or remove responsibilities, and also confirm legally important events and incidents. A legal document is a written act that serves as a trigger for certain legal situations to arise.

Federal Law No. 149 of July 27, 2006 contains a definition of an electronic document. This document format is a documented act in electronic form, created for perception using a computer and broadcast through media channels or processing using information channels.

To this we can add an example - a legal decree to terminate or, conversely, initiate criminal proceedings, as evidenced by facts and incidents that have legal significance and can entail legal punishment.

Note ! Therefore, the introduction of false data into the documentation by authorized police representatives, as well as any other law enforcement officers (RF IC, State Drug Control, FSB of Russia, etc.) out of selfish interest, which is determined by the desire to increase the detection rate of criminal cases, is strictly punishable.

Official forgery involves entering deliberately false information into official documents.

In the official documents must contain all the details required by law (date, number, seal and other signs that must correspond to the document itself), and such papers must be registered by authorized employees.

Kinds

SP can be represented by such actions.

There are several types of official forgery

Official forgery can occur in a situation where a change in the false nature of information in a document is associated with the work actions of the guilty employee. In other words, forgery is associated with the performance of work functions. In the case when a responsible person in the civil service performs similar actions, but not related to his work duties, then there is no corpus delicti for this crime.

Note ! Official forgery is characterized by direct intent or the presence of a special reason - in the form of self-interest or another motive. A crime under the joint venture is considered committed from the moment false information or distorted facts are entered into a document, which change the essence of its content, regardless of whether this document is subsequently corrected.

When studying this document, you need to take into account that the entry of false testimony into official papers that serve as the basis for issuing citizenship (or a residence permit), the committed act is considered under Article 292 Part 1 of the Criminal Code of the Russian Federation and contains two types of crime.

1. Illegal issuance by a responsible person or civil servant of a Russian passport to a citizen of another state or a person who does not have Russian citizenship.
2. The entry of false information into documents by a responsible person or civil servant, which allowed an outsider to acquire Russian citizenship under illegal circumstances.

As a rule, official forgery assumes direct intent

These illegal actions, which made it possible to illegally issue citizenship or a passport to strangers, constitute the crime.

Important! In the concept of SP, legislation includes the entry by a civil servant or responsible person of previously known incorrect data (the same as “cleaning of documents”), which changes the real meaning. Such actions must be committed out of self-interest or personal interest.

Article 292 Part 2 also stipulates a more risky type of offense - official forgery, entailing a violation of civil, public and state rights.

Forgery can also be combined with other criminal offenses. For example, to write off embezzlement and so on. At the same time, it is not only necessary to pay great attention to the division of criminal acts, but also to attach importance to qualifying characteristics.

Article 292 of the Criminal Code of the Russian Federation

Where to contact

Each of us can find ourselves in a situation where fake documents, money or information provided are discovered. In such cases, you must immediately contact the police with a statement, an example of which you can see below (explanations are highlighted in blue).

To the police department No. 4 of the Russian Ministry of Internal Affairs for the city of Anapa, R.R. Rastamina, living at the address of Anapa, st. Green, 3 Tel. 892380000

STATEMENT About false documents

I ask you to bring to justice a person unknown to me (if the culprit is known, you must indicate all the information you know about, including phone number), who used my information to obtain a loan.

They constantly call me from the Home Credit Finance bank and demand to pay the debt under loan agreement No. 434343 dated 04/01/2017, which I did not enter into (try to find out all the details of the agreement from the collectors who called to help the police quickly find the person who issued the loan for you - this can be done even from a photograph, which employees of banking organizations are required to take and attach to the client’s dossier).

An unidentified person provided the bank with information about me as a borrower, but there was no consent to provide income certificates or a copy of my passport.

Try to remember who could have used your personal information about employment and income, if possible, you need to name the suspect:

To formalize a notarized power of attorney and subsequent purchase of a house through a mortgage, I left my documents for the period from 04/01/2017 to 04/03/2017, among which was a work book, personal income tax certificate 2, a copy of a passport to realtor P.Yu. Ivanov, working in an office on the street. Leningradskaya, 23, Anapa. I suspect this person of committing lending fraud.

On the basis of the above,

ASK:

Initiate a criminal case under Art. 159.1 of the Criminal Code of the Russian Federation in relation to the perpetrators, bring them to justice.

Appendix: (here you can include everything related to the bank’s requirements, call recordings, SMS messages, etc.) – electronic correspondence with the bank, recordings of conversations with debt collectors.

Rastamine R.R. Number, signature.

Article 292 part 1 – comments

Each criminal offense has an object, a subject, as well as their corresponding parties. However, regardless of what article the accused will be charged with, if even one such component is not found in his actions, then he will escape punishment due to the fact that the crime will not be proven.

From an objective point of view, the forgery itself may consist of two actions performed at the same time or in some other way:

• drawing up initially false official papers;
• entering into prepared documents changes that change their essence.

Such documents can be represented by a diploma, work book, regulatory act, sick leave, etc.

If the corpus delicti is incomplete, punishment will most likely not follow.

Thus, the subject of the offense may not be a document that has already existed for some time, but also one that has just been issued, confirming a legal fact and having legal consequences (such as a diploma or work book).

It is important! SP can occur not only with documents coming from a certain organization or person to the official’s workplace, but also with other papers submitted to him for consideration.

The crime is considered completed after the commission of illegal acts with official documents. In this case, the legislation will not take into account whether these documents will be applied somewhere.

Only government employees can bear criminal liability for official forgery. institutions or officials. Ordinary citizens and employees of organizations are not held accountable on this issue.

Only civil servants and officials can be punished for forgery

Such offenses are committed only with selfish intent.

Note ! In another situation, if evidence of an unintentional act is collected, the investigation is able to reclassify such an action as negligence, manifested due to negligence when filling out a document, which has nothing to do with direct intent.

Article 292 part 2 - comments

In Part 2 of Article 292 of the Criminal Code, the legislation highlighted the danger of official forgery for society due to the violation of civil rights (organizations) or public rights (states).

Since the offenses discussed in part 2 of the article have more serious consequences, the punishment for them is more serious.

The offense will be determined when the consequences of the actions of the perpetrators who violated the law become apparent.

Punishments vary depending on the nature of the crime

In this case, it is necessary to establish both causes and effect connections between the actions performed and the resulting consequences. An offense can only have indirect or direct intent.

Note ! Careless actions are out of the question.

Criminal liability under Art. 327 of the Criminal Code of the Russian Federation

It is a common opinion that forgery of documents is always punishable under Art. 327 of the Criminal Code of the Russian Federation. Indeed, this is the most frequently applied norm of criminal law in situations where falsification is established. This article makes it possible for law enforcement agencies to bring the culprit to justice for:

• production of a false document;
• its use;
• its use for the specific purpose of concealing another crime or facilitating its commission.

Each of the listed actions is provided for in a separate part of Article 327 of the Criminal Code of the Russian Federation, and the subject of forgery can be either an identity card or a document that has the following characteristics:

• official (this means that the state has determined the procedure for issuing forms for such a document, or provides special rules for its execution by officials of the organization);
• giving the right to some benefit, the opportunity to receive property or money, or exempting from a specific obligation (receiving a subsidy, purchasing housing, for preferential payment for services, etc.).

Examples of official documents, the forgery of which falls under Art. 327 of the Criminal Code of the Russian Federation, there may be certificates, diplomas (give the right to employment, to confirm one’s qualifications), certificates of incapacity for work (are the basis for calculating benefits), a writ of execution (necessary for receiving funds from the debtor), a notarized power of attorney (allows the opportunity to represent the interests of another man). Under the same article of the Criminal Code of the Russian Federation, the actions of those who forged an identity card, driver’s card, or service card will be qualified.

Signs indicating the granting of a certain right are extremely important for qualification; without them there will be no crime. Let us give an example from the practice of the Supreme Court of the Russian Federation.

Example No. 1 . Law enforcement agencies accused Chernova K.A. in forging a deposit agreement issued in her mother’s name, that is, under Art. 327 of the Criminal Code of the Russian Federation. The bank sent a statement to the police that the signature in the agreement was made by K.A. Chernova, and not by her mother. In the first and second instance, the court found K.A. Chernova guilty, but later the Supreme Court of the Russian Federation considered the conclusions about her guilt to be incorrect, since K.A. Chernova had no right to the deposit, which is the subject of the agreement. did not purchase. In this regard, one of the necessary criteria by which the concept of an official document in the legal sense is determined is missing. In addition, Chernova’s mother K.A. confirmed her verbal consent to have her daughter sign for her, since due to her age and health condition she was unable to completely take over the execution of the agreement. As the Supreme Court of the Russian Federation noted, the absence of a power of attorney in this situation is a violation of civil law, but not criminal law.

For committing a crime under Art. 327 of the Criminal Code of the Russian Federation, a sentence of up to 4 years in prison may be imposed, depending on the consequences, circumstances, and the presence of other related crimes. Let us note that qualification under this article will take place in those situations that do not fall under special, directly provided articles of the Criminal Code of the Russian Federation. For example, in Article 292 of the Criminal Code of the Russian Federation, the legislator separately provided for the liability of officials for forgery of documents.

Litigation for official forgery

Example No. 1

Alexander, who works as a senior foreman, at the request of his employee Marina, wrote out 4 travel slips for her, and in another, additional one, he made a note that she was on a business trip.

There are quite a few examples of such crimes

Based on the completed documents, Alexander made a report on the shortage before the planned audit. But the verdict of the district court, which ruled on official forgery, was overturned by the cassation court. The court concluded that Alexander was not aware of the actions of the chief accountant and, when handing her documents, believed that she was actually absent, being on a business trip. Based on this, we can conclude that Alexander’s intentions were not to issue false documentation. In this case, there is no criminal violation.

Example No. 2

Valentina served as senior investigator. A case came into her development. But since no evidence of the crime could be found, the investigation was suspended. In order not to receive a reprimand from her superiors for inaction, and also to improve her own performance indicators, Valentina registered the criminal case as solved and entered information about this into the statistical cards of the Ministry of Internal Affairs. Her signature was on the official papers.

The court found Valentina guilty of official forgery. But the cassation commission acquitted Valentina, commenting that despite the investigator’s activities in issuing false cards, her actions could not be called criminal. Those maps in which the information was entered were used only for statistics, and they were used only for departmental work. Therefore, no offenses caused by paper fraud were committed. Cards are not considered an official document.

Often the crime is not discovered, and the perpetrator is acquitted

Example No. 3

Vladimir, holding the position of senior foreman, was involved in the appropriation of state farm property. The court issued a guilty verdict against him, and the joint venture considered the subject of the crime. But the supervisory commission considered the forgery invalid.

According to the law, the collective farm is not related to government agencies, so Vladimir was not an official, which means his actions were recognized as fraud.

Sometimes the crime is reclassified

How to recognize a fake

Basically, we may encounter forgery at our workplaces, when clients provide us with certain documents to receive some services (both in commercial structures and in government ones). You should be concerned if:

• if the seal is blurry, barely visible, there are no details and information of an individual entrepreneur or LLC on it;
• the signature is doubtful - for example, if it does not coincide with the signature in the accompanying documents, as if uncertain, erased in places;
• changes have been made to documents - crossing out, erasing, covering up, etc.;
• the information in the documents clearly does not correspond to the actual circumstances known to you - for example, you know that at Marina LLC in Kaluga, a manager cannot earn 120,000 rubles a month; when a foreigner who does not speak Russian provides information about living in Moscow for more than 30 years; if the certificate in the format in which it was provided to you has not been published for a long time; a certificate of incapacity for work was issued at the clinic, which has been closed for renovations for several years, etc.

Increased vigilance and attention to information that is necessary in official document flow can significantly reduce the risk of being deceived and avoid forgery.

Nuances of official forgery

In the case where an official committed criminal acts, the purpose of which was to issue false documents, then he exceeded his official powers in order to avoid harmful consequences, the harm from which, however, would be much more significant than what was caused in fact, when it was impossible to do otherwise. Such actions are classified as extreme necessity. Since there is no direct intent here, the person will not be punished in any way.

The commentary to Article 292 of the Criminal Code gives a more expanded definition of “official”, explaining exactly what powers he is vested with. Therefore, if a person draws up any document and enters false information into it, then for this he must have certain job descriptions. But such responsibilities are assigned to officials in the manner required by law, for example, in a job description or employment contract.

Note ! If these requirements are not met, the official issues an unlawful order, for the reason that this sphere of influence is not subject to his control, which means that the issued document will be considered invalid.

Fraud can only be committed by a person who is authorized by law

If an official draws up an official document in order to appropriate property for himself in the future, then in addition to punishment for official forgery, he will also be punished for theft.

If we consider the reasons for committing joint ventures, these may not only be selfish motives. An official has the opportunity to enter false information into papers in order to hide his official inconsistency or wanting to downplay the complexity of the situation.

Very important! Information that does not correspond to reality must be included in genuine official documents. Example: the head of the registry office can put a stamp in the passport by prior agreement, even if there was no divorce itself.

By making changes to documents that change their meaning, we mean correcting the details of the act or, in other words, changing the date of issue.

Official forgery can be material, intellectual

The method of committing official forgery can be material or intellectual. The latter should be understood as making a sample on an official form, but with the entry of false testimony. Thus, the investigation has the opportunity to prove the unreliability of the entered data. Material forgery may be a modification of the content or type of paper.

Note ! In a number of cases, joint ventures in the form of creating false documents are initiated in order to conceal some other offense, including to conceal embezzlement. In such situations, the acts of violators can be classified under two articles at once: 16 and 292 of the Criminal Code of the Russian Federation.

According to statistics from the Ministry of Internal Affairs, the growth of crimes under Article 292 of the Criminal Code continues to increase. Law enforcement agencies are unable to identify new types of forgery of official papers. This all points to the secretive nature of fraud, for example, in the field of electronic technology.

Often, official forgery is hidden fraud

FAQ

Can the absence of official papers serve as signs of forgery, for example, if they are lost, confiscated or do not correspond to their serial numbers?

If we talk specifically about your interpretation of the question, then no, it is not. Forgery means investing something in place of what is required, and not the complete absence of an object (document). The absence of official papers may be a consequence of the official’s negligence. However, the information provided is not enough to give a precise answer to the question.

Is it possible to start a criminal trial if there is evidence of official forgery and falsification of information, but the offender is unknown?

To initiate a criminal case, it is necessary to determine the elements of the offense, which includes the subject of the offense (in other words, the culprit). But during the investigation, examinations may be used. Employees who had access to papers in which false information was entered may be identified as suspects.

According to Article 140 Part 2, in order to set the criminal process in motion, it is necessary to have sufficient facts confirming the elements of the crime. In order to initiate an investigation, you do not need to have information about who the offender is. All that is needed is information confirming that a crime has been committed.

Note ! The criminal process is initiated to ensure that a crime has actually been committed, but there must be precise indications of both the offense itself and its criminal nature.

Sometimes the offender may be unknown

If a man was convicted of SP under Article 292 of the Criminal Code, does his own son have the right to ever hold the position of assistant magistrate?

If we follow the saying that children are not responsible for their parents, then the children of convicts can work as anyone. There is no law that relatives are responsible for the actions of their loved ones. Therefore, it is impossible to prohibit them from working in certain jobs or holding special positions.

In 2001, a criminal trial was initiated under the article on official forgery, but it was immediately closed due to an amnesty - literally on the same day. Are there any restrictions on the right to work as a teacher?

If, due to an amnesty, a criminal’s criminal record has been cleared, there can be no restrictions. However, if the criminal record has not been cleared, then the former convict may be allowed to work in his specialty if the commission on juvenile affairs gives the go-ahead. This rule is spelled out in Article 331 of the Labor Code of the Russian Federation.

If a criminal record is cleared, a person can work anywhere

Will it be a forgery using his official position if the judge allowed time to correct the shortcomings of the statement of claim? This application was filed within the period established by law, but the judge made a refusal 5 days later, commenting on the refusal by saying that the plaintiff was unable to file a claim within the period specified by law. However, later the same correction was added to the case by a new judge.

As a lawyer, I see no connection with forgery when using one's official position. The question arises as to whether a covering letter was attached to the revised statement of claim and whether an indication was made that this claim was sent as a response to the decision to leave the statement of claim without consideration? Most likely, the revised claim was accepted as a new one, and the other one was returned due to the fact that the shortcomings were not eliminated.

Note ! In the process of transforming the most important spheres of life in modern society, a large role is assigned to law enforcement agencies, executive and judicial authorities. Therefore, criminal acts within the law enforcement environment and government agencies themselves are especially dangerous and need to be eradicated.

However, professional and organized crime has long attacked government structures and civil service at all levels of government. Many employees and workers have been subject to criminal influence, which interferes with the normal functioning of authorities and management. This undermines the authority of the authorities in the eyes of the public, which is why it often disrupts and slows down large-scale events at all levels. In this regard, malfeasance should not be allowed, and employees who take advantage of their official position should be punished to the fullest extent of the law.

Forgery in other articles of the Criminal Code of the Russian Federation

In total, the Criminal Code of the Russian Federation contains more than 20 offenses that include the attribute “use of forged documents”:

Falsification of evidence in a civil, administrative, criminal case (Article 303 of the Criminal Code of the Russian Federation)

This crime involves the intentional provision of evidence that is obviously invalid (contains distorted data, falsified details, seal, signature, etc.). Criminal liability for such actions may be incurred by both the plaintiff, defendant, and their representatives, as well as officials drawing up protocols, explanations, etc. In practice, cases of criminal prosecution under Art. 303 of the Criminal Code of the Russian Federation is small, but still they exist.

Example No. 3 . Kudryakov V.A. during the consideration of a civil dispute about the division of debts, he provided the district court with a loan agreement concluded during the marriage with Kudryakova S.A., in which it was stated that Kudryakov V.A. borrows 500,000 rubles from a relative for the needs of the family. Kudryakova S.A. in court she stated that she did not know about this loan, that their family has not communicated with that relative for more than 8 years, because they are in a quarrel. At the request of Kudryakova S.A. A handwriting examination was ordered, which established that the loan agreement was concluded not on December 12, 2015, as indicated in the text of the agreement, but on December 18, 2016, that is, on the eve of the court hearing on a family dispute. As a result, the claim for the division of joint debts, filed by V.A. Kudryakov, remained unsatisfied, and the ex-wife, after the decision came into force, turned to law enforcement agencies with a statement to involve V.A. Kudryakov. to liability under Art. 303 of the Criminal Code of the Russian Federation for submitting false documents to the court.

Punishment under this article can reach 4 years in prison.

Forgery or destruction of vehicle identification number (Article 326 of the Criminal Code of the Russian Federation)

Almost always, this crime is charged simultaneously with the theft of a car, because it is no secret that filing or erasing the number of the body, chassis or engine makes it impossible to identify the stolen car, which means it will be impossible to prove the guilt of the attackers in the theft or theft. Forgery of a state registration plate is also punishable under the same article; the maximum penalty can reach three years in prison.

Example No. 4 . Zolotov E.K. together with Mamin A.L. They made a living by stealing cars (we remind the reader that theft of a car differs from its theft in that when it is stolen, the car is almost always sold in parts or entirely to third parties). Zolotov E.K. monitored the surrounding situation, and Mamin A.L. I was well versed in the intricacies of alarm systems, so I was engaged in disabling the protection system. The thieves took possession of A.V. Krasnov’s car, who, after purchasing it, had not yet managed to install the alarm and locked the car with a key, which made the thieves’ task even easier. After the theft, Zolotov E.K. and Mamin A.L. We drove our car into a pre-rented box, where we falsified license plates in order to drive the car to Dagestan. Subsequently, the attackers were convicted under Part 2 of Art. 326 of the Criminal Code of the Russian Federation to 2 years in prison each.

Tax evasion by an individual (Article 198 of the Criminal Code of the Russian Federation)

Already in the very text of this article of the Criminal Code of the Russian Federation, a method is indicated by which a guilty person can evade paying taxes to the state budget - by including knowingly false information in the tax return. Thus, in practice, there are often cases when a citizen indicates additional expenses that he did not actually bear. He does this in order to reduce the tax base - in fact, to underpay to the budget. In part 1 of Art. 198 of the Criminal Code of the Russian Federation provides for liability for tax evasion in the amount of more than 900,000 rubles, in the second part - more than 4,500,000 rubles.

Example No. 5 . IP Ukropin E.O. filed a declaration indicating the actual expenses incurred by him related to the transportation of goods. To justify the expenses, he used obviously forged documents - fictitious contracts on cargo transportation, which in reality did not exist, Ukropin E.O. negotiated with the counterparty, promising him a certain amount as payment for preparing false contracts. As a result, Ukropin did not pay more than one million rubles to the budget; as a result, he was prosecuted under Part 1 of Art. 198 of the Criminal Code of the Russian Federation.

In this example, we see that additional qualifications under other articles of the Criminal Code of the Russian Federation (including Article 327) are not required, since already in Art. 198 of the Criminal Code of the Russian Federation describes actions related to forgery, which is more than enough to be found guilty only under this provision of criminal law.

Loan based on false documents

Until recently, the volume of loans issued to people who, for the most part, would not be able to repay even a small loan, was quite significant. According to some reports, every third loan issued to an individual was issued unreasonably, and with a thorough check by the bank’s security service, approval could not be obtained. Currently, taking into account the huge debts of individuals to banks, the procedure for approving and issuing loans has become less loyal, banks have begun to more often detect forgery of income information,

If we are talking about a loan obtained fraudulently by an individual, a criminal case may be initiated under Art. 159.1 of the Criminal Code of the Russian Federation, for the commission of which the culprit may face up to 10 years in prison (this maximum punishment awaits those who acted as part of an organized group). As for the head of an organization or an individual entrepreneur, if they illegally received a loan, if fictitious information about their financial condition was used, a criminal case is initiated under Art. 176 of the Criminal Code of the Russian Federation, according to which the punishment can reach 5 years in prison.

Example No. 6 . Gorbunov K.E. He applied to the bank for a loan to build a house, and presented a false personal income tax certificate 2 about his monthly earnings of 60,000 rubles. The borrower presented a copy of the work book, which contained a record of work experience since 2002 as a foreman at a brick factory. Having checked this data, the bank's security service was convinced that Gorbunov was indeed working as a foreman at the enterprise indicated by him, but there was no thorough check regarding the level of income, and therefore he received approval for the loan. The borrower successfully received the money from the bank, but refused to pay the loan, as a result of which a criminal case was initiated under Art. 159.1 of the Criminal Code of the Russian Federation. During the investigation, it was established that the 2NDFL certificate was fake and did not correspond to reality - Gorbunov works at the plant as a loader, and to identify the person who forged the certificate (since Gorbunov himself could not do this - he did not have access to the seal), an additional check was carried out.

Example No. 7 . Head of Progress LLC Rodionov P.R. submitted an application to Rosselkhozbank to receive a loan for targeted needs - as they were instructed, for the construction of a farm. The loan was approved, as collateral Rodionov P.R. provided equipment for the production of oil, which is listed on the balance sheet of his organization. After payments stopped coming without explanation from the borrower, during a security check it was discovered that this equipment had been pledged to other banks several times. Due to the fact that the Rodionovs were provided with false information about their financial situation, which was actually on the verge of bankruptcy, law enforcement agencies opened a criminal case under Art. 176 of the Criminal Code of the Russian Federation.

We draw your attention to the fact that according to the general norm of Art. 327 of the Criminal Code of the Russian Federation, it is impossible to bring an individual entrepreneur or the head of an organization to criminal liability, since forgery of documents by such persons incurs administrative liability under Art. 19.23 Code of Administrative Offenses of the Russian Federation, with a fine of up to 40,000 rubles. The exception is those rules that directly provide for liability by the head of legal entities (as in Article 176 of the Criminal Code of the Russian Federation) - under such articles of criminal law, an individual entrepreneur or the director of an enterprise can be found guilty.