Article 358 of the Criminal Code – what is the responsibility for forging documents, seals, signatures

Forging documents and signatures is a fairly serious offense. Current Ukrainian legislation provides for criminal liability for such an offense. In this article, we will consider the responsibility for the forgery of documents, seals, and signatures.

The composition of the crime and the sanctions provided for in Article 358 of the Criminal Code

We suggest starting with the elements of the crime under Article 358 of the Criminal Code. The object of the offense is the procedure for the use of documents regulated by the legislator. The subject of criminal acts is conditionally divided into the following categories:

• Certificates, documents of official appointment.

Such documents can be provided by legal entities and individuals, public/private notaries, auditors, etc.

• Stamps, seals.

In this regard, the form of ownership does not matter.

Let's take a closer look at what documents and certificates are.

Documents of official appointment provide for the recording of data on any material media. This information confirms certain phenomena, facts, events. Important: official documents are issued by authorized persons. Without official details on the document, it cannot be considered official. At the same time, it is worth noting that the qualification of criminal acts under Article 358 of the Criminal Code is not affected by:

1. Document production material.
2. The way it is written, etc.

As for the certificate, it is an official document that contains information about the legal owner with a certificate of his legal status and identity. This can be, for example, a military serviceman's card, a deputy's ID card, a pension card, etc.

The objective side of illegal actions under Article 358 of the Criminal Code:

• Forgery and sale of official documentation.
• Production of forged stamps, forms, seals, etc.

The main purpose of forgery of any document is a complete imitation of a similar official document.

The subjective component of illegal behavior under the article on forgery of documents is characterized by the presence of a special purpose and direct intent.

The subject of the crime is defined as a convicted natural person who has reached the age of 16. If criminal acts are committed by an official, they are qualified under Article 366 of the Criminal Code. We are talking about official forgery.

The degree of responsibility under the article on the forgery of documents, seals, and signatures depends on the offense committed.

These can be fines (up to 1000 NMDH), restriction of freedom for a period of up to 3 years. In the presence of aggravating circumstances (repeated offense, with the prior conspiracy of a group of persons), the penalty is imprisonment for a term of up to 5 years. In the conditions of martial law, the degree of responsibility may increase in each specific case.

For example, the forgery of a report of the State Audit Office or a temporary certificate is a crime under the first part of Article 358 of the Criminal Code. These actions are punishable by fines, arrest for up to 6 months, restriction of freedom for up to 2 years.

Professional legal assistance under the article on the forgery of official documents

If you have been charged under Article 358 of the Criminal Code, the first strategic step is to contact a professional lawyer.

An experienced defense attorney will be your reliable support both at the stage of the pre-trial investigation and during the consideration of the case in court. Lawyers Prykhodko and Partners will help to protect your interests and fully realize your legal rights.

Our lawyers:

• They will analyze the evidence base and available materials of the criminal proceedings.
• Every effort will be made to disprove the guilt of the suspect/accused.
• Qualitatively represent the client's interests at the stage of pre-trial investigation and during the consideration of the case during the court session.
• The court verdict is being appealed.

Our lawyers will be able to develop an effective line of defense. It is far from always that those accused under Article 358 of the Criminal Code did commit illegal acts. This is a very important nuance that must be taken into account. If you really value your own reputation and freedom, contact the specialists of our law office. We have the necessary tools for quality protection of your interests.

Our lawyers also protect the rights of victims who received a forged document due to the illegal actions of third parties. If you have doubts about the authenticity of the document, it is better to contact a specialist immediately. The next step is to contact the representatives of law enforcement agencies. The application for the initiation of criminal proceedings is the beginning of a successful trial. We will be able to qualitatively protect the rights and legitimate interests of each of our clients. Our lawyers work to achieve the desired result. We apply an individual defense strategy to each of our clients.

Do you have any other questions? We are waiting for a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer's services under Article 358 of the Criminal Code, fill out the form below.