Criminal liability for forgery of documents Art. 358 of the Criminal Code of Ukraine

In Ukraine, the number of cases of forgery of documents is increasing every year. According to the current Ukrainian legislation, this is a crime for which criminal liability is provided. Most often, various criminal groups engage in forgery of documents. The main goal is earning. Among the most common examples of forged documents are certificates and certificates, diplomas, military IDs, passports and identification codes. If you are charged under Article 358 of the Criminal Code of Ukraine, you will need the help of professional PRIKHODKO & PARTNERS lawyers.

In what cases is criminal liability incurred for forgery of documents?

According to the current Criminal Code of Ukraine, criminal liability under Article 358 occurs in cases where forgery concerns official documents. Signs of a fake official document include:

• The document is issued/drawn up/certified by the relevant person within the scope of his/her competence. The law defines the form and proper details of the document.
• The information recorded in such a document must be legally significant. Specific phenomena, events or facts must be certified in the document.

If a document does not meet at least one of the above criteria, it does not fall under the "official" category.

 
Thus, the prosecution must prove whether a forged document can be characterized as official. In addition, it is worth considering that criminal liability for forgery of documents arises only for active actions, namely:

1. Selling a forged document.
2. Production of forged stamp, seal.
3. Forgery of a certificate or other document (appendix to a certificate).
4. Use of a known forged document.

 
The main feature of the official document is that the information contained in it affects the emergence/termination of obligations and rights that entail certain legal consequences. Other attributes must be present in the official document - stamps and seals.

Thus, forgery of documents is a complete production of a new document or a partial change of an already existing one. In some cases, the signs of falsification can be determined only after using special technologies during the examination.

Criminal liability under Article 358 of the Criminal Code of Ukraine - restriction or deprivation of liberty for up to 5 years. The actions of officials for forging documents are defined by Article 366 of the Criminal Code of Ukraine.

Services of a lawyer under Article 358 of the Criminal Code of Ukraine

High-quality defense under Article 358 of the Criminal Code of Ukraine can only be carried out by a professional lawyer. PRIKHODKO & PARTNERS lawyers have sufficient practical experience to protect the interests of their clients. We will evaluate the correctness of the classification of the criminal case and, if necessary, appeal it. At all stages of criminal proceedings, PRIKHODKO & PARTNERS lawyers provide consultation, preparation for interrogations and court hearings, conduct additional investigations.

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