Forgery of a document – ​​what is the article and what are the consequences (liability) for forgery of a document?

In modern realities, cases of document forgery are not uncommon. Despite the active implementation of electronic document circulation, the vast majority of enterprises and government institutions have not abandoned the use of "traditional" paper documents. That is why the risk of forgery of certificates, stamps, seals, etc. remains high. In this article, we will consider the relevant issue: document forgery - what is the article and responsibility for document forgery.

What are the characteristics of a forged document?

With the beginning of a full-scale war, the number of forged documents has increased significantly. Among the most common examples of "forgeries" are: military registration documents (in particular, military ID cards, VLK conclusions, etc.).

What document is considered forged? A document is considered forged if it has at least one of the following characteristics:

1. Introducing knowingly false information.
2. Changing, partially destroying individual parts of the information.
3. Changing the details of official institutions (banks, enterprises, etc.).
4. Making changes to the text.
5. Using fake seals, stamps.
6. Forging the signature of an authorized person.

For what purpose is document forgery carried out? In the vast majority of cases, the main goal of such activity is to obtain benefits, certain rights or privileges. Thus, the primary sign of a forged document is the inclusion of information that does not correspond to reality, that is, unreliable.

Let us consider this issue further using the example of forging documents for illegal crossing of the state border. Under martial law, there are certain categories of the population for whom departure from Ukraine is restricted. Having no legal grounds for crossing the state border, some individuals try to change data in official documents. For example, falsified entries in a foreign passport, marriage certificate, and other documents are quite common. Such actions will be treated under Article 358 of the Criminal Code of Ukraine.

Article 358 of the Criminal Code of Ukraine: what is the liability provided for?

The above actions are subject to the sanctions of Article 358 of the Criminal Code of Ukraine - Forgery of documents, seals, stamps and forms, sale or use of forged documents, seals, stamps.

Let us consider in more detail the issue of liability under Article 358 of the Criminal Code of Ukraine.

Part one. Punishment is provided for forgery of forms, documents, stamps, seals without aggravating circumstances.

Liability: fines - up to 1,000 NMDG; probationary supervision/restriction of liberty - up to 2 years.

Part two lists the liability for drawing up or issuing official documents for the purpose of sale: fine - up to 200 NMDG; probationary supervision/restriction of liberty - up to 3 years.

Part three provides for punishment for the illegal actions listed in the previous parts of Article 358 of the Criminal Code of Ukraine, in the presence of aggravating circumstances - repetition; commission of the specified actions by a group of persons.

In this case, the accused faces restriction/deprivation of liberty for a term of up to 5 years.

The legislator also provides for punishment for using a falsified document. If the person’s guilt is proven in court, the accused faces a fine of up to 50 minimum monthly wages, restriction of liberty/probationary supervision - up to 2 years.

Important: the listed parts of Article 358 of the Criminal Code of Ukraine are about forging an official document, that is, a document that is confirmation of certain facts, phenomena, events.

What is the assistance of a lawyer under the article on forgery of a document?

The first right step after receiving suspicion under Article 358 of the Criminal Code will be to contact a lawyer. The specialists of our law firm "Prykhodko and Partners" have all the necessary theoretical and practical tools to develop an effective defense strategy. The result will be the acquittal of the suspect or a significant mitigation of the sentence.

Our lawyers provide the full range of services under the article on forgery of documents, forms, seals:

• Consulting.

This stage is very important. It is during the consultation that the development of a defense strategy begins.

• Analysis of documents and the correctness of the qualification of the accusation.

Based on a comprehensive analysis of the case materials, the lawyers of "Prykhodko & Partners" draw a conclusion on the correctness of the qualification of the suspect's actions. If the person's actions were qualified incorrectly, we will prepare an appeal.

• Representation of the interests of the client in court.
• Appealing the court decision.

Our lawyers guarantee professional protection at all stages of criminal proceedings.

Thus, if you have received suspicion/accusation under Article 358 of the Criminal Code of Ukraine, it is important to take care of professional legal support. The lawyers of "Prykhodko & Partners" accompany their clients at all stages: from consulting to appealing the court decision. We work exclusively for the result!

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer's services under the article on document forgery, fill out the form below.