Read on to learn more about the different types of forgeries, as well as the elements needed to commit the crime. The most common form of forgery involves signing another person`s name on a cheque. Objects, data and documents can also be tampered with. Legal contracts, historical documents, works of art, diplomas, licenses, certificates and identity cards can be falsified. Cash and consumer goods can also be counterfeited, but this crime is usually referred to as counterfeiting. A person is guilty of counterfeiting if he makes a false instrument, with the intention that he or someone else use it to make someone accept it as genuine, and because he agrees to do or not to do an action, to make one`s own prejudices or those of another person. [4] A special case of double falsification is the falsification of Vermeer`s paintings by Han van Meegeren and again the falsification of Van Meegeren`s work by his son Jacques van Meegeren. [3] Except for offences committed before the coming into force of the Criminal Justice (Theft and Fraud) Act 2001, and unless the context requires otherwise, references to counterfeiting shall be construed in accordance with the provisions of this Act, without prejudice to section 65(4)(a) of this Act. [12] Counterfeiting is trigable in both cases. A person guilty of forgery shall be liable to a conviction on indictment with a term of imprisonment of up to ten years or, in the case of a summary conviction, to a maximum term of imprisonment of six months or a fine not exceeding the maximum penalty prescribed by law, or both. [5] As discussed above, an indictment for infringement often amounts to intent.
If you are accused of forgery, your defense may focus on intent, as it can be difficult to prove it, and remember that it is the prosecutor`s burden to prove your intent without a doubt. An experienced defence lawyer can help you establish supporting facts and build your case. The common law offence of infringement will be abolished for all purposes other than offences committed before the coming into force of the Counterfeiting Act 1981. [6] Some states punish counterfeiting crimes based on the type of counterfeiting committed. New York classifies forgeries into “degrees” based on the type of document that has been tampered with. A person commits an offence of infringement if the signature of the negotiable document is forged without the consent of the authorized person. Many people have fallen victim to fraudulent transactions despite precautions. Although most people rely heavily on a person`s ability to create reliable documents, individuals, companies, and even political entities are still not spared from the crime of forgery.
For counterfeiting crimes, see English Criminal Law#Counterfeiting, Personation and Fraud. Counterfeiting involves a false document, signature or other imitation of an object of value that is used with the intention of deceiving another. Those who commit forgeries are often accused of the crime of fraud. Documents that can be falsified include contracts, identifiers and legal certificates. Most States require that counterfeiting be carried out with intent to commit fraud or theft. In the Republic of Ireland, counterfeiting is an offence under section 25(1) of the Criminal Justice (Theft and Fraud) Act 2001, which provides that a person found to be counterfeit may be punished by imprisonment for up to ten years or a fine or both if convicted. [10] a) Art counterfeiting is committed by any natural or legal person who commits any of the following acts: Counterfeiting is an economic crime that generally refers to the incorrect production or substantial modification of a legal instrument with the specific intention of defrauding someone (except himself). [1] [2] The manipulation of a particular legal instrument may be prohibited by law in some jurisdictions, but such an offence is not related to counterfeiting, unless the manipulated legal instrument was actually used during the course of the offence to defraud another person or organisation.
Copies, studio replicas and reproductions are not considered fakes, although they may later become counterfeits through false statements knowingly and intentionally. Counterfeiting occurs on a large scale in the fields of art and literature. German forger Wolfgang Beltracchi forged works of art that claimed to have been painted by Picasso and other European masters. Perhaps the world`s most famous case of literary falsification occurred in 1983 with the “discovery” of the so-called “Hitler diaries.” The diaries are said to contain passages written by Adolf Hitler between 1932 and 1945. The newspapers were actually written by a forger named Konrad Kujau in the early 1980s. In the past, states have treated identity theft as a false imitation, forgery or theft by deception. Some states still use these laws to punish identity theft, while most states have now passed specific laws on identity theft and cybercrime.