Forgery of documents, seals, stamps and forms – a lawyer under Article 358 of the Criminal Code

Forging documents, seals, stamps and forms is a serious offence. Such actions are punishable under Article 358 of the Criminal Code of Ukraine. Falsification of documents can lead to significant legal and social consequences both for the individuals who carry out these actions and for society in general. Documents in the modern world play a key role in confirming property rights, conducting transactions, receiving benefits and payments. Accordingly, their falsification violates the order of document circulation, undermines the legal foundations of society and can harm both the state and individual citizens.

According to Art. 358 of the Criminal Code of Ukraine, liability arises for the forgery of documents, as well as for the sale or use of forged documents. This covers the deliberate production, alteration or falsification of any document for the purpose of using it for unlawful gain or to mislead others. However, responsibility for this crime arises only in the presence of direct intent, which means that a person is aware of the danger of his actions and seeks their consequences. This is confirmed by the Ruling of the Criminal Court of Cassation of the Supreme Court in case No. 701/1114/16-k (proceedings No. 51-6327км18), where the court explained that the absence of direct intent in using a falsified document is the basis for the absence of a crime under Part 4 Art. 358 of the Criminal Code of Ukraine.

Forged documents can be conditionally divided into two groups:

• service (official),
• personal

Official documents are those that contain information recorded on physical media. They are confirmation of certain events or facts, and can become a good evidence base in law enforcement activities. Authorized persons of state authorities, legal entities or citizens who have been granted the right to perform such actions in connection with their professional activities are responsible for their registration, issuance, and certificates. Such a document is drawn up in accordance with the forms established by law and contains the necessary details.

Forgery can apply to a wide range of documents, including passports, birth certificates, diplomas, certificates, founding documents of enterprises and many others. The use of forged documents enables fraudsters to obtain illegal benefits, and may also mislead government authorities, counterparties or other institutions.

A separate form of forgery is falsification of seals and stamps. The use of forged seals can lead to the fact that an illegally created document acquires external legitimacy. This, in turn, can have serious legal consequences for the offender, as well as for those individuals or institutions who have been misled by the false documents.

The methods of forging documents can be different. For example, documents can be falsified by changing their original content through editing or removing information. Another common way is to create new documents that imitate the originals using modern equipment. Also, fake seals and stamps are often used to give documents credibility.

Falsification of documents has not only legal consequences, but also significant financial losses for the participants of such offenses and their victims. For example, falsification of founding documents can lead to fraudulent transactions, causing loss of money or property. Such activity also damages the reputation of enterprises, as it can lead to loss of trust of customers, partners and financial institutions. At the social level, falsification of documents threatens the stability of society, as it creates opportunities for the development of corruption, abuse of office and fraud.

According to Art. 358 of the Criminal Code of Ukraine, punishment for forgery of documents can range from a fine to imprisonment. The specific measure of punishment depends on the gravity of the crime and its consequences. If a forged document is used to conclude contracts, fake deals or to mislead government authorities, this may lead to more severe sanctions.