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Document Forgery

The act consisting in the creation or modification of certain documents, effects, properties or products, with the goal to make them look real, or to alter or simulate the truth.

Real Life Case

A checkbook was stolen, with empty checks from a company and they knew the businessman and his signature. So they signed some checks that they gave their friends so they could cash them. One got caught and gave his name in the police headquarters.

Everyone has been brought before court and the case is on. The Jury has asked for a calligraphic expert opinion that’s on Monday. Could you come with me?

Concept of Document

In an ample sense every materialization is a fact, data, narration, or saying is in a more precise way, document is every target incapable of picking up data, attributable thoughts to another person, or declarations of will destined to enter juridical traffic.

According to article 28 of the Penal Code it is considered document any material support that expresses or incorporates data, facts or narrations with proof efficacy or any type of juridical relevance.

In this form it is clear that a document is not only the body written in paper or any lasting support meant to capture something.

Requisitos:

  • That its support is lasting. It implies the possibility to retain what materializes on it for a relevant time period. A precarious and ephemeral support can turn itself everlasting thru a registry process. For example if the victim of a mortal aggression writes with its finger on the sand a declaration explaining who and how it was done and in no time the police arrive and take a picture. The material is indifferent, it can be a piece of wood, paper, fabric, the object on which the data is fixed upon has to be suitable to last a certain amount of time. The material support may also be computerized.
  • It has to be understandable and make sense.
  • That it is apt to produce effects in a juridical environment and in some way has to be destined to enter in the same environment.
  • That the document, must come from a human being, perfectly identifiable or with identity. When it is impossible to identify its author it is very difficult for it to be considered a document. But once incorporated to an official file in the context which develops a function it will gain significance.

Its manipulation in any way will lead to a document falsification. This may apply to fingerprints, of animal origin, or sequels of a mishap or accident.

A document drawn up in another known or unknown language will only be valid if it is translated. Photocopies are also considered a document of criminal effects, but only when they have been authenticated.

 

Functions:

  • 1. A Disturbance Function: That was has been said, told or agreed, becomes reflected in a lasting way.
  • 2. A probative Function: The document proves what was said or agreed; not that what was said or agreed reflects the truth, it only tells what was said or agreed.
  • 3. A guarantee Function: Of what was agreed, or described because it allows the identification of the author / it is the declaration or the narration…

Classes of Documents

  • 1. Public Documents: Any document expedited by public functionaries that are authorized for such action, according to the LEC. The CC covers a definition of the same according to which will be anyone who is authorized by a notary or competent public employee with the solemnities required by law.
  • 2. Official Document: Matches up with first definition, this is why it was necessary its inclusion in the Civil Code. Jurisprudence uses both terms although more frequently official document.
  • 3. Commercial Document: Any document that reflects a commercial operation including checks, promissory notes, etc.