Forgery crime in the UAE`s legislation
A crime of forgery is a serious offense as this crime causes damage on society, where the forger commits it in order to obtain the money of third parties or to obtain something which is legally not able to get it.
forging a written instrument can be defined as: is an alternation of its genuineness resulting in damage and done with the purpose of using it as a genuine instrument.
we will discuss this subject by addressing several points:
- Elements of the crime of forgery.
- Methods of Forgery.
- The penalty for forgery.
Firstly: elements of the crime of forgery:
This crime is based on three main elements:
Firstly: physical element: an act of a perpetrator in order to alter the truth and to make a change in the written instrument would lead to damage, on the one hand, the act has to be committed by the perpetrator, on the other hand, the same shall lead to damage.
Secondly: psychological element: the psychological element of written instrument forgery crime is achieved with the mens rea of the perpetrator through his knowledge and will to cause the result to alter the truth.
secondly: methods of forgery:
- Effecting a change in an existing written instrument whether by way of addition detention or alteration in its words, numbers marks or pictures present in it.
- Putting up a forged signature or seal or change a genuine signature, seal or thumbprint.
- Obtaining by surprise or fraud the signature, seal or thumbprint of a person without his knowledge of the contents of the instrument or without his valid consent thereto.
- Fabricating a written instrument or imitating it and attributing it to another person.
- Filling a paper signed, sealed or thumb-printed in blank without the consent of the author of the signature, seal or thumb-print.
- Impersonating or exchanging the identity in a written instrument made to establish such an identity.
- Alternation of the truth in a just-made instrument as concerns matters that this instrument is designed to establish.
thirdly: penalty of forgery crime:
Unless otherwise provided, forging an official written instrument shall be sanctioned by imprisonment for a term not exceeding ten years and the penalty as concerns forging an informal instrument shall be detention.
what is the difference between a written instrument and official written instrument?
official written instrument: An official written instrument is the one which is written by a public official who, by virtue of his position is charged with the writing thereof or interfering in its writing in any form or to give it the official character. Other written instruments are considered informal.
what is the sanction of using a forged document?
shall be sanctioned to imprisonment for a period of 10 years, who used the forget written instrument with the knowledge that is forged.
and shall be sanctioned with same prescribed sanction whosever uses a genuine written sanction in the name of another person or who benefits from it unlawfully.