Official forgery of documents and corpus delicti in Article 292 of the Criminal Code of the Russian Federation with comments

Forgery of documents is always the deliberate actions of a person with the goal of misleading officials, employees of a private or public organization in order to obtain some benefit. According to criminal law, such actions are punishable, especially if false information is provided in accordance with an official procedure regulated by a separate law, sometimes by a resolution, order, that is, an order of official authorities. There are many variations of crimes related to forgery - you can read about this in our article, and at the same time find out what to do if you personally encounter fake documents.

How is this crime classified?

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Forgery, as a rule, occurs with the intention of concealing material waste, falsifying reporting documentation or theft of financial resources.

The main subject of the crime will be considered official documents that legally certify significant facts or events that have occurred, the falsification of which can lead to certain consequences in violation of the rights of citizens, municipal organizations or the state as a whole.

The subject of a crime can include not only distorted documents, but also those created for the first time (work records, education diplomas, sick leave certificates, etc.)

Limitation periods for criminal prosecution

The statute of limitations for a crime is a certain period of time after which, subject to certain legal conditions, a person will no longer be held criminally liable.

The latest edition of the Criminal Code of the Russian Federation provides for the following deadlines:

• two years for acts of minor gravity;
• six years for acts of average gravity;
• ten years for serious acts;
• fifteen years for crimes of special gravity.

The period of the crime begins on the next day and continues until a lawful verdict is rendered. However, as a rule, this does not mean that you can commit an offense and sit out. Article 78 also applies to abuse of power and forgery. The only thing that these articles may not provide for is mass crimes against society. There is a stipulated list of those crimes that do not include a statute of limitations. These include acts of terrorism, genocide, war and environmental crimes.

All other crimes may provide for the beginning and end of the period of criminal prosecution, in particular, crimes for all approx. Article 292, which is what we are talking about, but the statute of limitations will vary depending on the severity.

Arbitrage practice

Severe sentences involving imprisonment and imprisonment are rarely imposed.
Arrest, as a preventive measure, is ordered by the court if official forgery is committed along with other offenses falling under the Criminal Code.

At the same time, punishment in the form of imprisonment cannot be imposed on pregnant women and women with children under 14 years of age.

Please note: acquittal court decisions can be made in cases where the actions of the subject did not have unlawful intent.

Even if authority was exceeded and corrections were made to the papers in order to prevent actual damage and avoid harmful consequences, then these actions can be classified as extreme necessity and the impossibility of doing otherwise. In such cases, the investigation reports the absence of direct intent and removes the prosecution under Art. 292.

Is there criminal liability for official forgery? See the specialist’s comments in the following video:

What is the punishment for defaming a person under the article of the Criminal Code of the Russian Federation?

Defaming an innocent person can also be subject to criminal prosecution. The work of law enforcement agencies is often not limited to collecting evidence, drawing up a report and executing a sentence. Sometimes innocent people suffer because of slander and false reports.

Therefore, the Criminal Code provides for punishment under the article of libel, which:

1. Defames the reputation and good name of an innocent person.
2. Dooms a person to unlawful criminal punishment.
3. Violates the humanistic principles of freedom and property.

Typically, in serious cases, the punishment under this article can be imprisonment for a term of three to six years. Since slander is a kind of false testimony, the punishment here is similar. Sometimes slander is accompanied by falsification of evidence, which is a forgery and is punishable by law.

The classification is based on the second part of Article 292, since forgery with the aim of misleading investigators often entails grave consequences for life, health and human rights. By way of clarification, we can cite an example where, due to the actions of officials, people who had nothing to do with the offense suffered and were deprived of the right to freedom or property.

However, such points still need to be proven in court.

FAQ

Can the absence of official papers serve as signs of forgery, for example, if they are lost, confiscated or do not correspond to their serial numbers?

If we talk specifically about your interpretation of the question, then no, it is not. Forgery means investing something in place of what is required, and not the complete absence of an object (document). The absence of official papers may be a consequence of the official’s negligence. However, the information provided is not enough to give a precise answer to the question.

Is it possible to start a criminal trial if there is evidence of official forgery and falsification of information, but the offender is unknown?

To initiate a criminal case, it is necessary to determine the elements of the offense, which includes the subject of the offense (in other words, the culprit). But during the investigation, examinations may be used. Employees who had access to papers in which false information was entered may be identified as suspects.

According to Article 140 Part 2, in order to set the criminal process in motion, it is necessary to have sufficient facts confirming the elements of the crime. In order to initiate an investigation, you do not need to have information about who the offender is. All that is needed is information confirming that a crime has been committed.

Note ! The criminal process is initiated to ensure that a crime has actually been committed, but there must be precise indications of both the offense itself and its criminal nature.

Sometimes the offender may be unknown

If a man was convicted of SP under Article 292 of the Criminal Code, does his own son have the right to ever hold the position of assistant magistrate?

If we follow the saying that children are not responsible for their parents, then the children of convicts can work as anyone. There is no law that relatives are responsible for the actions of their loved ones. Therefore, it is impossible to prohibit them from working in certain jobs or holding special positions.

In 2001, a criminal trial was initiated under the article on official forgery, but it was immediately closed due to an amnesty - literally on the same day. Are there any restrictions on the right to work as a teacher?

If, due to an amnesty, a criminal’s criminal record has been cleared, there can be no restrictions. However, if the criminal record has not been cleared, then the former convict may be allowed to work in his specialty if the commission on juvenile affairs gives the go-ahead. This rule is spelled out in Article 331 of the Labor Code of the Russian Federation.

If a criminal record is cleared, a person can work anywhere

Will it be a forgery using his official position if the judge allowed time to correct the shortcomings of the statement of claim? This application was filed within the period established by law, but the judge made a refusal 5 days later, commenting on the refusal by saying that the plaintiff was unable to file a claim within the period specified by law. However, later the same correction was added to the case by a new judge.

As a lawyer, I see no connection with forgery when using one's official position. The question arises as to whether a covering letter was attached to the revised statement of claim and whether an indication was made that this claim was sent as a response to the decision to leave the statement of claim without consideration? Most likely, the revised claim was accepted as a new one, and the other one was returned due to the fact that the shortcomings were not eliminated.

Note ! In the process of transforming the most important spheres of life in modern society, a large role is assigned to law enforcement agencies, executive and judicial authorities. Therefore, criminal acts within the law enforcement environment and government agencies themselves are especially dangerous and need to be eradicated.

However, professional and organized crime has long attacked government structures and civil service at all levels of government. Many employees and workers have been subject to criminal influence, which interferes with the normal functioning of authorities and management. This undermines the authority of the authorities in the eyes of the public, which is why it often disrupts and slows down large-scale events at all levels. In this regard, malfeasance should not be allowed, and employees who take advantage of their official position should be punished to the fullest extent of the law.

Sanction Art. 292 of the Criminal Code of the Russian Federation

Punishments and sanctions are provided for any crime. These penalties depend on the severity of the offense. For example, such acts as diploma forgery, or falsification of the results of a medical examination or medical examination entail serious consequences.

After numerous changes in the field of the Criminal Code, regulatory documents, reports and dissertations, a stable system of punishments for various crimes has been formed in the legislation. What responsibility awaits criminals under Article 292?

Part one of the above article suggests the following:

1. A fine of up to 80 thousand rubles or 6 months’ salary of the perpetrator, and the fine can be imposed on both official salary and unofficial income, which can be proven.
2. During free time from work, additional compulsory work of up to 480 hours may be established.
3. Correctional labor for up to two years (can be carried out at the place of work or in any other organization).
4. Occasionally, forced labor may be imposed for a period of up to two years.
5. Arrest for up to 6 months (does not apply to minors, pregnant women and women with children under 14 years of age).
6. If the forgery caused serious financial losses and was committed together with another crime, for example, embezzlement, then imprisonment for up to two years may be imposed.

The first part is more aimed at non-serious acts.

Part two includes more stringent measures:

• a fine in the amount of 100 – 500 thousand, or in the amount of the convicted person’s salary for 1-3 years;
• imprisonment for a term of up to 4 years of imprisonment, or forced labor for a term of up to 4 years. This penalty may also include a three-year ban on certain activities.

A ban on carrying out activities may not be applied; this issue is resolved at the discretion of the court.

Kinds

SP can be represented by such actions.

There are several types of official forgery

Official forgery can occur in a situation where a change in the false nature of information in a document is associated with the work actions of the guilty employee. In other words, forgery is associated with the performance of work functions. In the case when a responsible person in the civil service performs similar actions, but not related to his work duties, then there is no corpus delicti for this crime.

Note ! Official forgery is characterized by direct intent or the presence of a special reason - in the form of self-interest or another motive. A crime under the joint venture is considered committed from the moment false information or distorted facts are entered into a document, which change the essence of its content, regardless of whether this document is subsequently corrected.

When studying this document, you need to take into account that the entry of false testimony into official papers that serve as the basis for issuing citizenship (or a residence permit), the committed act is considered under Article 292 Part 1 of the Criminal Code of the Russian Federation and contains two types of crime.

1. Illegal issuance by a responsible person or civil servant of a Russian passport to a citizen of another state or a person who does not have Russian citizenship.
2. The entry of false information into documents by a responsible person or civil servant, which allowed an outsider to acquire Russian citizenship under illegal circumstances.

As a rule, official forgery assumes direct intent

These illegal actions, which made it possible to illegally issue citizenship or a passport to strangers, constitute the crime.

Important! In the concept of SP, legislation includes the entry by a civil servant or responsible person of previously known incorrect data (the same as “cleaning of documents”), which changes the real meaning. Such actions must be committed out of self-interest or personal interest.

Article 292 Part 2 also stipulates a more risky type of offense - official forgery, entailing a violation of civil, public and state rights.

Forgery can also be combined with other criminal offenses. For example, to write off embezzlement and so on. At the same time, it is not only necessary to pay great attention to the division of criminal acts, but also to attach importance to qualifying characteristics.

Article 292 of the Criminal Code of the Russian Federation

The criminal will compensate for damage to the victim’s health with his property

Not long ago, the Crime Victims Support Fund proposed seizing the property of the accused during the investigation. This proposal aims to compensate for the damage caused by the offender. In the latest edition of Article 160.1 of the Code of Criminal Procedure, this innovation was taken into account. Any damage can now be compensated financially at the expense of the defendant’s property, be it the negligence of a manager or employee whose actions caused people to suffer, or a crime of a higher degree of gravity, for example, murder.

Concealing or falsifying information also entails material losses and falls under this category. The subject of arrest is the authorized bodies. Our country, however, is reluctant to get along with this innovation. The fact is that in practice we have to deal with damage that is difficult to calculate and prove.

For example, the court is very picky about the concept of moral damage, which means:

1. Thorough psychological examination.
2. Availability of medical certificates.

The amount of moral compensation should be paid not only according to the established amounts. Moral compensation also aims to cover the costs of doctors, the consequences of the crime and some social costs.

With amendments to the Code of Criminal Procedure, the Ministry of Justice will protect company computers from being seized by investigators

In February 2021, the Ministry of Justice prepared a bill to amend Articles 164 and 177 of the Criminal Procedure Code of the Russian Federation. The essence of the changes is to introduce restrictions on the seizure of computer equipment by law enforcement officers from private enterprises. This is justified by the fact that the investigation process should not negatively affect legitimate business.

This is a deliberate step towards improving the criminal system in the field of business activities, so that one does not interfere with the other.

And it can hinder business:

• seizure of electronic media;
• reputation arising as a result of a crime;
• arrests, searches or interrogations.

Legislation tries to regulate this area so that legal entities, private organizations and individual entrepreneurs in general suffer as little as possible due to criminals, crimes and criminal prosecution associated with these unpleasant facts. Law enforcement agencies have the right to obtain the necessary information, but this must be done in such a way that the progress of the investigation does not negatively affect the company’s activities.

In February 2021, there was a public discussion of the amendments of the Ministry of Justice, after which they were introduced into the legislation and the Code of Criminal Procedure of the Russian Federation.

Comments to Art. 292

Comments will help you understand in detail such an illegal act as forgery, its composition and types of this crime. Article 292 of the Criminal Code of the Russian Federation (official forgery) with comments should first of all be studied by people suspected and accused of committing this illegal act.

The comments to the article contain a detailed analysis of the crime:

• The object of the illegal action is the work of government bodies directly related to the flow of documents, as well as their release.
• The subject of the illegal action is official papers. These include documents emanating from a specific organization or government agency and having legal force. A document that has signs of publicity is official and has legal force. This is expressed in the presence of a generally accepted, possibly at the legislative level, form. It is addressed to an indefinite number of people and is recorded materially, for example, on paper or electronic media.

An official document is vested with legal force from the moment it is signed by a person entitled to perform such an action. In simple words that have the right to sign.

• To accurately understand the meaning of the concept of “official document”, you need to refer to the Federal Law No. 149 of July 27, 2006 and the unified Rules for the preparation of such papers, approved by the Presidential Decree of January 20, 1994. These regulations determine the procedure for creating and signing documents by officials persons. Often, checks, receipts, warranty cards, etc. are considered official documents. They are not such, since on the one hand they are not inherently public, and on the other hand they are not signed by competent officials. All of the above are internal documents of the organization. These papers cannot act as the subject of official forgery.

• From the objective side, forgery has a formal composition. It ends when an official document contains information that is obviously unreliable for the attacker. The use of a false document and the consequences caused by this action go beyond the scope of the criminal act in question. They are not included in the subject of proof. The use of false documents is often a crime related to official forgery. The qualification element of a criminal act provided for in Article 292 of the Criminal Code of the Russian Federation is its commission, which entailed significant violations of the rights and interests of individuals and legal entities, as well as society and the state.
• The subjective side of the unlawful act in question is characterized by the presence of guilt in the form of direct intent. The person is aware of the illegality of his actions and wants them to happen. According to Part 2 of the commented article, the perpetrator seeks to significantly violate the interests of citizens, legal entities, the state and society as a whole. The mental attitude towards the fraud being committed must necessarily be associated with the presence of selfish motives or other interest. Self-interest is expressed in the desire to benefit for oneself. The benefit can be tangible or intangible. Material is characterized by the desire to obtain rights to any property, intangible – to dispose of objects of intellectual property. The wording “other interest” includes an unlimited list of the official’s motives, for example, the opportunity to obtain a promotion, sick vanity, protectionism, or concealing an unsuccessful work result.

The subject of the unlawful act specified in Art. 292 of the Criminal Code of the Russian Federation (forgery of documents) may be an official, state or municipal employee who has a time frame for the performance of his duties. Fraud may be associated with a person’s temporary or permanent tenure in a specific position.

Criminal liability under Art. 327 of the Criminal Code of the Russian Federation

It is a common opinion that forgery of documents is always punishable under Art. 327 of the Criminal Code of the Russian Federation. Indeed, this is the most frequently applied norm of criminal law in situations where falsification is established. This article makes it possible for law enforcement agencies to bring the culprit to justice for:

• production of a false document;
• its use;
• its use for the specific purpose of concealing another crime or facilitating its commission.

Each of the listed actions is provided for in a separate part of Article 327 of the Criminal Code of the Russian Federation, and the subject of forgery can be either an identity card or a document that has the following characteristics:

• official (this means that the state has determined the procedure for issuing forms for such a document, or provides special rules for its execution by officials of the organization);
• giving the right to some benefit, the opportunity to receive property or money, or exempting from a specific obligation (receiving a subsidy, purchasing housing, for preferential payment for services, etc.).

Examples of official documents, the forgery of which falls under Art. 327 of the Criminal Code of the Russian Federation, there may be certificates, diplomas (give the right to employment, to confirm one’s qualifications), certificates of incapacity for work (are the basis for calculating benefits), a writ of execution (necessary for receiving funds from the debtor), a notarized power of attorney (allows the opportunity to represent the interests of another man). Under the same article of the Criminal Code of the Russian Federation, the actions of those who forged an identity card, driver’s card, or service card will be qualified.

Signs indicating the granting of a certain right are extremely important for qualification; without them there will be no crime. Let us give an example from the practice of the Supreme Court of the Russian Federation.

Example No. 1 . Law enforcement agencies accused Chernova K.A. in forging a deposit agreement issued in her mother’s name, that is, under Art. 327 of the Criminal Code of the Russian Federation. The bank sent a statement to the police that the signature in the agreement was made by K.A. Chernova, and not by her mother. In the first and second instance, the court found K.A. Chernova guilty, but later the Supreme Court of the Russian Federation considered the conclusions about her guilt to be incorrect, since K.A. Chernova had no right to the deposit, which is the subject of the agreement. did not purchase. In this regard, one of the necessary criteria by which the concept of an official document in the legal sense is determined is missing. In addition, Chernova’s mother K.A. confirmed her verbal consent to have her daughter sign for her, since due to her age and health condition she was unable to completely take over the execution of the agreement. As the Supreme Court of the Russian Federation noted, the absence of a power of attorney in this situation is a violation of civil law, but not criminal law.

For committing a crime under Art. 327 of the Criminal Code of the Russian Federation, a sentence of up to 4 years in prison may be imposed, depending on the consequences, circumstances, and the presence of other related crimes. Let us note that qualification under this article will take place in those situations that do not fall under special, directly provided articles of the Criminal Code of the Russian Federation. For example, in Article 292 of the Criminal Code of the Russian Federation, the legislator separately provided for the liability of officials for forgery of documents.

Another commentary on Article 292 of the Criminal Code of the Russian Federation

1. The object of this crime is the normal activities of government bodies related to the circulation and release of official documents into circulation.

2. As the subject of this crime, official documents are used, which include those that come from a certain legal entity (not necessarily from a government body) and contain all the features of an official document, i.e. recognized by law. An official document is one that has the attribute of publicity. This is expressed in the fact that the document has a generally accepted form, is addressed to an indefinite range of subjects of legal relations and is recorded on a material storage medium (paper, magnetic and electronic media, etc.). An official document acquires legal force from the moment it is signed by an official who has the right to sign (the right to sign).

Of great importance for the full disclosure of the concept of “official document” are: Federal Law of July 27, 2006 N 149-FZ “On Information, Information Technologies and Information Protection”, Unified Rules for the Preparation of Official Documents, approved by the Decree of the President of the Russian Federation of January 20, 1994. “On the fundamentals of state policy in the field of informatization” (ed.

dated July 9, 1997) (Collection of Acts of the President and Government of the Russian Federation. 1994. N 4. Art. 305), which determine the basic provisions and procedure for drawing up and signing documents by officials of state bodies.

Receipts for goods, receipts, warranty cards for household appliances are not considered official documents, since they do not have the above characteristics (publicity, signing by a competent official). They are documents for internal use of commercial organizations and cannot be considered as the subject of official forgery.

3. From the objective side, official forgery is formal and complete from the moment knowingly false information is entered into official documents, as well as corrections are made to said documents that distort their actual content. The use of a forged document, as well as the consequences caused by it, are beyond the scope of the crime in question and are not included in the subject of proof. All further actions related to the use of a forged document and their consequences can be assessed as involving the commission of two or more crimes and are subject to legal assessment through the prism of complicity or a combination of crimes.

A qualified element of this crime is the commission of an act that entailed a significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state (see commentary to Article 285 of the Criminal Code).

4. The subjective side of official forgery is characterized by guilt in the form of direct intent, in which the person is aware of the unlawful nature of the act and wishes to commit it. According to Part 2, the subject additionally strives for a significant violation of the legally protected interests of citizens, society and the state as a material consequence, and in this case must foresee these consequences.

The mental attitude of an official towards forgery must necessarily be associated with the presence of selfish or other personal interest. Self-interest is expressed in the desire to benefit for oneself. This benefit can be material (the right to property) or intangible (the right to dispose of certain objects of intellectual property). The legislative formula “other personal interest” implies a fairly wide range of motives of an official: careerist goals, sick vanity, protectionism, concealing the unfavorable results of one’s official activities, etc.

5. The subject of the crime is special. Officials, state or municipal employees who have a certain time frame for the exercise of their official and official powers and perform certain functions are subject to liability. The commission of forgery must be associated with the permanent or temporary stay of the person in the relevant position.

The lawyer managed to prove on appeal that the infectious disease doctor is not an official

The Supreme Court of the Republic of Ingushetia, by an appeal ruling dated July 7, partially overturned the verdict against infectious disease doctor Kh.M., convicted of negligence and forgery.

Lawyer of the Administration of the Republic of Ingushetia Bashir Tochiev told AG about the circumstances of the case and the defense strategy.

An unspecified test did not allow timely detection of diabetes in a child.

According to the investigation, on June 18, 2021, 10-year-old Ya.G. was hospitalized in the infectious diseases department of the Ingush Republican Clinical Hospital on a referral from a private medical center. with a diagnosis of ARVI. Aphthous stomatitis" and suspected pyloric stenosis and intestinal obstruction. Since birth, the girl suffered from cerebral palsy, right-sided hemiparesis, and frequent acute respiratory viral infections.

After examining the patient, infectious disease specialist at the emergency department Kh.M. prescribed symptomatic treatment - antiseptics, drip, glucose and saline solutions. A general blood and urine test, RV-HIV, and a test for the presence of parasites were also prescribed. The next day the patient was transferred to the attending physician.

However, then the child’s condition began to deteriorate, and on the morning of June 20 she was taken to the Children’s Republican Clinical Hospital for further inpatient examination. The girl fell into a coma and died the next day. She was posthumously diagnosed with type 1 diabetes.

According to the expert's conclusion dated November 29 of the same year (no forensic examination of the corpse was carried out), death could have occurred due to multiple organ failure caused by complications of decompensated diabetes mellitus, while with the correct diagnosis and appropriate treatment or timely transfer to a specialized department, death could have been prevented.

As stated in the indictment (available to “AG”), Kh.M., without carrying out a set of medical interventions aimed at recognizing conditions or establishing the presence (absence) of diseases through laboratory, instrumental and other diagnostic studies, did not take measures in a timely manner as provided by Ya.G. qualified medical care, in particular, did not prescribe a biochemical blood test, which did not allow diagnosing diabetes in a timely manner and prescribing adequate therapy, as a result of which the child’s condition began to deteriorate. Inaction of H.M. was qualified under Part 1 of Art. 293 of the Criminal Code as negligence.

It also notes that Kh.M., being an official, committed official forgery - wanting to hide the fact of improper laboratory tests to establish the diagnosis of Ya.G. and choosing a treatment regimen, she entered into her medical record information that during the initial examination, the patient, among other laboratory tests, was prescribed a biochemical blood test, although in reality it was not prescribed or performed.

Thus, H.M. was also accused of committing a crime under Part 1 of Art. 292 of the Criminal Code, – official forgery, i.e. entry by an official into official documents of knowingly false information, if these acts were committed out of another personal interest.

A preventive measure was chosen against the accused in the form of a written undertaking not to leave the place and proper behavior.

Subsequently, the mother of the deceased patient, recognized as a victim in this criminal case, filed a lawsuit to recover compensation for moral damage from the doctor in the amount of 7 million rubles.

The court found the doctor guilty on both counts

As noted in the verdict of the Magassky District Court of the Republic of Ingushetia dated January 20, 2021 (available from “AG”), during an unscheduled inspection of the Ingush Republican Clinical Hospital, violations of mandatory requirements or requirements established by municipal legal acts were identified.

Thus, medical assistance from Ya.G. was provided in violation of the Standard of specialized medical care for children with acute respiratory diseases of moderate severity, approved by Order of the Ministry of Health of Russia dated November 9, 2012 No. 798n, which did not allow timely identification of type I diabetes mellitus and prescribing therapy adequate to the condition, creating a threat to the life and health of the child and violated his rights to receive quality medical care, guaranteed by Part 2 of Art. 19 of the Law on Fundamentals of Health Protection.

In addition, specialists were not consulted, infusion therapy was not calculated and administered, intravenous infusions of a 5% glucose solution were prescribed without appropriate analysis, which provoked the development of the disease and contributed to the deterioration of the patient’s health. There were no objective reasons preventing the correct diagnosis and treatment of J.H.

At the court hearing, the defendant pleaded not guilty. She explained to the court that on the day Ya.G. was admitted. in the infectious diseases department, she acted as a reception doctor, whose duties do not include making a final diagnosis - it is made by the attending physician after three days of examining the patient.

In particular, on the first day a presumptive diagnosis is made, and treatment is prescribed only based on symptoms. Upon admission to the hospital, the girl was in a state of moderate severity. She was prescribed the minimum standard examination plan prescribed for all patients with this diagnosis. According to the defendant’s testimony, she, as an infectious disease doctor, must be on duty around the clock in the emergency department and go for consultations in all other departments of the hospital where nurses call her.

She also added that she knew that the patient had cerebral palsy, stomatitis and dehydration, but to establish a final diagnosis, a consultation was required with the participation of a surgeon, neurologist and pediatrician. The test results were within normal limits and did not contain signs indicating the presence of diabetes. The girl was also not registered with an endocrinologist. Symptomatically H.M. did everything that depended on her. None of the doctors could have predicted that the child would fall into a coma and die.

Regarding her violation of the Order of the Ministry of Health of Russia of November 9, 2012 No. 798n on the approval of the standard of specialized medical care for children with acute respiratory diseases of moderate severity, the defendant drew the attention of the court that they are guided by this document at the direction of the Ministry of Health of the Republic of Ingushetia only from April 2021. In this order a biochemical blood test is indicated. Prior to this, the medical institution used standards developed by the infectious diseases department No. 5 of the central city hospital of Rostov-on-Don, which did not indicate the need for this analysis. Thus, in June 2021, a blood test for biochemistry was not performed on patients diagnosed with ARVI and stomatitis.

On the charge of forgery against Kh.M. explained that by that time her duty had lasted more than a day, and she was very tired, therefore, when filling out Ya.G.’s medical history, she wrote with a lot of abbreviations. When she was asked to urgently submit a medical record, she re-wrote the results of the initial examination so that they could be understood by others, and in a hurry mechanically entered a blood test for biochemistry. The defendant informed the investigator that she had rewritten the medical history.

At the same time, she emphasized that she is not vested with organizational, administrative or administrative functions, and therefore is not an official.

The arguments of the defendant and her defense attorney that Kh.M. is not an official, and the patient’s medical record does not belong to official documents, and therefore the defendant cannot be brought to criminal liability, since she is not the subject of these crimes, the court considered untenable. He indicated that organizational and administrative functions include the authority to make decisions that have legal significance and entail legal consequences. According to the job description of an infectious disease doctor at the Ingush Republican Clinical Hospital, the defendant is vested with such powers.

The verdict also emphasizes that Order of the Ministry of Social Development of the Russian Federation of November 22, 2004 No. 255 “On the Procedure for Providing Primary Health Care to Citizens Eligible for Receiving a Set of Social Services” approved the list and forms of medical documentation, which include an inpatient medical record. According to the requirements of Art. 22 of the Law on Fundamentals of Health Protection, the patient or his legal representative has the right to directly familiarize himself with medical documents reflecting the state of his health and receive advice from other specialists on its basis. One of the principles reflected in this Law is the principle of maintaining medical confidentiality.

Another commentary on Article 292.1 of the Criminal Code of the Russian Federation

1. The object of this crime is the normal functioning of government bodies, local self-government bodies, whose powers include activities related to the implementation of tasks related to the registration of citizenship through the issuance of passports of citizens of the Russian Federation.

2. The objective side is characterized by the person committing actions directly related to the issuance of a passport, contrary to the grounds established by the legislation of the Russian Federation. The composition is formal in design

It is important to know that the persons receiving an illegal passport must be a foreign citizen or a stateless person. It is also criminally punishable for a person authorized to do so to enter knowingly false information into documents that resulted in the illegal acquisition of citizenship of the Russian Federation.

This content has some similarities with official forgery. Their main difference lies in the very subject of the crime, which, when committing this crime, is the passport of a citizen of the Russian Federation. In case of forgery, the subject can be a fairly wide range of official documents. This composition is special in relation to forgery.

3. The subjective side of the crime under Part 1 of the article under comment is characterized by the presence of only an intentional form of guilt. At the same time, the culprit is aware of the unlawful nature of his behavior, aimed at the illegal issuance of a passport of the Russian Federation with the subsequent acquisition by the person of citizenship of the Russian Federation, and wishes to carry out these actions.

As for h

2 of this norm, then the content of guilt is characterized by negligence, or, to a greater extent, negligence. In this case, we are talking about special negligence of an official related to the issuance of passports or the preparation of documents for their issuance

Additional qualifications under Art. 293 of the Criminal Code is not required.

4. Special subject - a person who performs the functions of an official or state or municipal employee related to the issuance of passports or the preparation of documents for their issuance.

Where to contact

Each of us can find ourselves in a situation where fake documents, money or information provided are discovered. In such cases, you must immediately contact the police with a statement, an example of which you can see below (explanations are highlighted in blue).

To the police department No. 4 of the Russian Ministry of Internal Affairs for the city of Anapa, R.R. Rastamina, living at the address of Anapa, st. Green, 3 Tel. 892380000

STATEMENT About false documents

I ask you to bring to justice a person unknown to me (if the culprit is known, you must indicate all the information you know about, including phone number), who used my information to obtain a loan.

They constantly call me from the Home Credit Finance bank and demand to pay the debt under loan agreement No. 434343 dated 04/01/2017, which I did not enter into (try to find out all the details of the agreement from the collectors who called to help the police quickly find the person who issued the loan for you - this can be done even from a photograph, which employees of banking organizations are required to take and attach to the client’s dossier).

An unidentified person provided the bank with information about me as a borrower, but there was no consent to provide income certificates or a copy of my passport.

Try to remember who could have used your personal information about employment and income, if possible, you need to name the suspect:

To formalize a notarized power of attorney and subsequent purchase of a house through a mortgage, I left my documents for the period from 04/01/2017 to 04/03/2017, among which was a work book, personal income tax certificate 2, a copy of a passport to realtor P.Yu. Ivanov, working in an office on the street. Leningradskaya, 23, Anapa. I suspect this person of committing lending fraud.

On the basis of the above,

ASK:

Initiate a criminal case under Art. 159.1 of the Criminal Code of the Russian Federation in relation to the perpetrators, bring them to justice.

Appendix: (here you can include everything related to the bank’s requirements, call recordings, SMS messages, etc.) – electronic correspondence with the bank, recordings of conversations with debt collectors.

Rastamine R.R. Number, signature.

What else you need to know about official forgery

Laws and articles cannot completely determine the course of human life, therefore there are significant exceptions to many rules. It also happens that a person commits an act under the pressure of external circumstances and/or in order to avoid more dangerous consequences. In short, it acts only when absolutely necessary. In this case, the person who committed the act will not be accused.

The criminal system of the Russian Federation is evolving. Referring to Lebedev’s large-scale and detailed commentary on the Criminal Code of the Russian Federation, without which not a single course project on law can be completed today, it can be noted that the Criminal Code of the Russian Federation pursues many universal principles, therefore it should strive for justice, and not for dry compliance with legislative documents.

One example of these principles is the fact that officials must have certain powers in order to be responsible for a crime. In any area, be it medicine, public service or any other area where illegal forgery can cause harm, there must be a person held accountable under this article. Every year a new commentary on this topic or corrections and additions to the Criminal Code itself is published. This is something you need to keep an eye on to stay informed.

Judicial practice on official forgery

In Russian and foreign practice, there are not many real cases where forgery was misleading and brought serious consequences. Basically, many acts were recognized as the result of the carelessness of officials, or simply did not entail official consequences. And yet, such things do happen.

For example, citizen Z. worked on a state farm as a chief engineer. He had the power to issue orders, and with the help of this ability he appropriated the property of the organization. As a result, he was accused of official forgery. However, there are some nuances here. The district court did indeed issue a conviction, but only under the article of fraud. The fact is that the state farm is not a state organization, and citizen Z. is not an official. Based on this, the actions of the accused cannot be qualified as official forgery.

In many other exceptions, other nuances may arise.

For example, the documents that were the subject of corporate malfeasance were not official at all or, if it could be proven, the misrepresentation was human error rather than an act of corruption or attempted deception.

How to recognize a fake

Basically, we may encounter forgery at our workplaces, when clients provide us with certain documents to receive some services (both in commercial structures and in government ones). You should be concerned if:

• if the seal is blurry, barely visible, there are no details and information of an individual entrepreneur or LLC on it;
• the signature is doubtful - for example, if it does not coincide with the signature in the accompanying documents, as if uncertain, erased in places;
• changes have been made to documents - crossing out, erasing, covering up, etc.;
• the information in the documents clearly does not correspond to the actual circumstances known to you - for example, you know that at Marina LLC in Kaluga, a manager cannot earn 120,000 rubles a month; when a foreigner who does not speak Russian provides information about living in Moscow for more than 30 years; if the certificate in the format in which it was provided to you has not been published for a long time; a certificate of incapacity for work was issued at the clinic, which has been closed for renovations for several years, etc.

Increased vigilance and attention to information that is necessary in official document flow can significantly reduce the risk of being deceived and avoid forgery.