Forgery is usually called a criminal offense related to unlawful acts against the federal government. The definition of official forgery, the concept of it, as well as the possibility of correctly identifying this violation in the actions of citizens will be described in this article.
Official forgery - what is it?
About official forgery
The subject of the offense, that is, the SP, is official papers that are used by troops and military formations of Russia, government agencies and municipal institutions, structures of the Russian Armed Forces that assign or remove responsibilities, and also confirm legally important events and incidents. A legal document is a written act that serves as a trigger for certain legal situations to arise.
Federal Law No. 149 of July 27, 2006 contains a definition of an electronic document. This document format is a documented act in electronic form, created for perception using a computer and broadcast through media channels or processing using information channels.
To this we can add an example - a legal decree to terminate or, conversely, initiate criminal proceedings, as evidenced by facts and incidents that have legal significance and can entail legal punishment.
Note ! Therefore, the introduction of false data into the documentation by authorized police representatives, as well as any other law enforcement officers (RF IC, State Drug Control, FSB of Russia, etc.) out of selfish interest, which is determined by the desire to increase the detection rate of criminal cases, is strictly punishable.
Official forgery involves entering deliberately false information into official documents.
In the official documents must contain all the details required by law (date, number, seal and other signs that must correspond to the document itself), and such papers must be registered by authorized employees.
The court's verdict under Art. 292 of the Criminal Code of the Russian Federation No. 1-100/2017 | Official forgery
RESOLUTION
on termination of a criminal case due to the expiration of the statute of limitations for criminal prosecution
April 27, 2021 Ufa
Ufa District Court of the Republic of Bashkortostan composed of: presiding judge Medvedev A.B.
with the participation of: state prosecutor, assistant prosecutor of the Ufa district of the Republic of Belarus Stepanov A.Yu.;
defendant Shaykhullin S.Kh., his defense counsel represented by lawyer Itkulov Yu.R.;
representative of the victim Z.E.I.;
under secretary Yakupova A.Ya.,
having examined in open court the materials of the criminal case against
Shaikhullina S.Kh., DD.MM.YYYY year of birth, native, residing at: , citizen; , not convicted
accused of committing crimes under Part 2 of Art. 285, art. 292 of the Criminal Code of the Russian Federation,
INSTALLED:
Shaykhullin S.Kh. accused of abuse of official powers - the use by an official of his official powers contrary to the interests of the service, committed out of selfish or other personal interest and resulting in a significant violation of the rights and legitimate interests of citizens, organizations, legally protected interests of society and the state, committed by the head of a local government body, as well as in official forgery, that is, the entry by an official into official documents of knowingly false information, committed out of selfish or other personal interest, under the following circumstances.
Shaykhullin S.Kh. elected by the protocol of the first organizational meeting of the Council of the representative body of local self-government Nikolaevsky Village Council () No. b/n from DD.MM.YYYY as the head of the municipal formation Nikolaevsky Village Council, being in accordance with Art. 16 of Federal Law No. 154-FZ of 08/12/1995 “On the general principles of organizing local self-government in the Russian Federation” and the Charter of the Nikolaevsky Village Council of the Ufa District of the Republic of Bashkortostan, adopted DD.MM.YYYY at a meeting of the Council of the Municipal Formation of the Nikolaevsky Village Council of the Ufa District of the Republic of Bashkortostan, the highest an official of a municipal formation, the head of a local government body, that is, an official vested with full powers to resolve issues of local importance, constantly performing the functions of a government representative, performing organizational and administrative functions related to the management of the labor collective of a local government body, with the exercise of powers to decision-making that has legal significance and entails certain legal consequences, as well as administrative and economic functions expressed in the management and disposal of property and funds of a municipal entity - a rural settlement, the Nikolaevsky Village Council, committed abuse of official powers, contrary to the interests of the service out of selfish interest, which entailed a significant violation of the rights and legitimate interests of citizens, as well as official forgery under the following circumstances.
Thus, Shaykhullin S.Kh., during the period from DD.MM.YYYY to DD.MM.YYYY, being at his workplace in his office, located in the building of the administration of the rural settlement Nikolaevsky Village Council of the Municipal District Ufimsky District of the Republic of Bashkortostan, at the address : , using his official position contrary to the interests of the service, according to which his competence includes the preparation of documents confirming the right of ownership and use of land plots in municipal ownership, deliberately, for selfish reasons, prepared a resolution of the head of the administration of the Nikolaevsky village council of the Ufa district of the Republic of Belarus from DD.MM.YYYY, which is an official document, in which he entered deliberately false information about the alleged allocation by the above date B (D) E.A., DD.MM.YYYY year of birth, of a land plot on the territory in the amount of hectares for the construction of an individual residential building , which is in municipal ownership, which he personally signed and certified with the seal of the administration of the municipal formation of the Nikolaevsky village council of the Ufa district of the Republic of Belarus.
At the same time, made by Shaykhullin S.Kh. Resolution of the head of the administration of the Nikolaevsky village council of the Ufa district of the Republic of Belarus dated DD.MM.YYYY in accordance with Art. 2, 26, 29 of the Land Code of the Russian Federation and Art. 17, 18, 25.2 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”, having the appropriate form and details, certifies certain facts and events of legal significance, determines the legal status of the land plot and powers regarding it, and is also the basis for state registration of property rights of B (D) E.A. to the above-mentioned municipally owned land plot that did not belong to her.
Subsequently B (D) E.A. on the basis of this resolution submitted to the territorial body of the Federal Service for State Registration, Cadastre and Cartography for the Republic of Bashkortostan, a certificate of state registration of ownership was received for the above land plot with cadastral number No., located at the address: DD.MM.YYYY received a legally enforceable opportunity to take possession or dispose of someone else’s property as one’s own.
As a result of the criminal actions of Shaykhullina S.Kh. the municipal budget, represented by the rural settlement of the Nikolaevsky Village Council of the Municipal District of the Ufimsky District of the Republic of Bashkortostan, suffered material damage in the amount of rubles, and the procedure for disposing of state-owned lands established by the Land Code of the Russian Federation was violated, and conditions were created for illegal withdrawal from state property the above-mentioned land plot, which entailed a significant violation of the rights and legitimate interests of citizens - an indefinite number of people from among the residents of the Ufa region of the Republic of Bashkortostan, who need to improve their living conditions and have the right to receive a land plot for use, enshrined in Art. 9, 36 of the Constitution of the Russian Federation, as well as the interests of society and the state protected by law, expressed in the distribution of plots of land between citizens and the assignment to them of individual rights to these land plots in accordance with the current land legislation, while ensuring the rights of the owner of the land - the state, and protected law of the interests of society and the state in the form of undermining the authority of local governments, government bodies called upon, in accordance with current legislation, to ensure compliance with these norms.
Aka Shaykhullin S.Kh. during the period from DD.MM.YYYY to DD.MM.YYYY, being at his workplace in the office office located in the administration building of the rural settlement Nikolaevsky Village Council of the Municipal District Ufimsky District of the Republic of Bashkortostan, at the address: , using his official position contrary to the interests service, according to which the preparation of documents confirming the right of ownership and use of land plots in municipal ownership falls within its competence, deliberately, for selfish reasons, issued a resolution of the head of the administration of the Nikolaevsky village council of the Ufa district of the Republic of Belarus dated DD.MM.YYYY, which is official a document in which he entered knowingly false information about the alleged allocation by the above date B (D) E.A., DD.MM.YYYY year of birth, of a land plot on the territory of the Nikolaevsky village council of the Ufa district of the Republic of Belarus in the amount of hectares for the construction of an individual residential building located in municipal property, which he personally signed and certified with the seal of the administration of the municipal formation of the Nikolaevsky village council of the Ufa district of the Republic of Belarus.
At the same time, made by Shaykhullin S.Kh. Resolution of the head of the administration of the Nikolaevsky village council of the Ufa district of the Republic of Belarus dated DD.MM.YYYY in accordance with Art. 2, 26, 29 of the Land Code of the Russian Federation and Art. 17, 18, 25.2 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”, having the appropriate form and details, certifies certain facts and events of legal significance, determines the legal status of the land plot and powers regarding it, and is also the basis for state registration of property rights of B (D) E.A. to the above-mentioned municipally owned land plot that did not belong to her.
Subsequently B (D) E.A. on the basis of this resolution submitted to the territorial body of the Federal Service for State Registration, Cadastre and Cartography for the Republic of Bashkortostan, a certificate of state registration of ownership was received for the above land plot with cadastral number No., located at the address: DD.MM.YYYY received a legally enforceable opportunity to take possession or dispose of someone else’s property as one’s own.
As a result of the criminal actions of Shaykhullina S.Kh. the municipal budget, represented by the rural settlement of the Nikolaevsky Village Council of the Municipal District of the Ufimsky District of the Republic of Bashkortostan, suffered material damage in the amount of rubles, and the procedure for disposing of state-owned lands established by the Land Code of the Russian Federation was violated, and conditions were created for illegal withdrawal from state property the above-mentioned land plot, which entailed a significant violation of the rights and legitimate interests of citizens - an indefinite number of people from among the residents of the Ufa region of the Republic of Bashkortostan, who need to improve their living conditions and have the right to receive a land plot for use, enshrined in Art. 9, 36 of the Constitution of the Russian Federation, as well as the interests of society and the state protected by law, expressed in the distribution of plots of land between citizens and the assignment to them of individual rights to these land plots in accordance with the current land legislation, while ensuring the rights of the owner of the land - the state, and protected law of the interests of society and the state in the form of undermining the authority of local governments, government bodies called upon, in accordance with current legislation, to ensure compliance with these norms.
The specified actions of Shaykhullina S.Kh. investigative bodies qualified under Part 2 of Art. 285 of the Criminal Code of the Russian Federation (as amended by Federal Law dated December 9, 2003 No. 162 - FZ), art. 292 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 162-FZ dated December 9, 2003).
When considering this criminal case at the court hearing, the defendant Shaykhullin S.Kh., his lawyer Itkulov Yu.R. a petition was filed to terminate the criminal case due to the expiration of the statute of limitations for criminal prosecution.
The state prosecutor and the victim's representative did not object to the termination of the case on these grounds.
The court considers that the submitted petition to terminate the criminal case against Shaykhullin S.Kh. Due to the expiration of the statute of limitations, criminal prosecution is subject to satisfaction.
The defendant is accused of Part 2 of Art. 285 of the Criminal Code of the Russian Federation (as amended by Federal Law dated December 9, 2003 No. 162 - FZ), art. 292 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 162-FZ of December 9, 2003), that is, in the commission of crimes of grave and minor gravity, respectively.
In accordance with Part 1 of Art. 78 of the Criminal Code of the Russian Federation, a person is exempt from criminal liability if two years have passed since the commission of a minor crime, and ten years have passed since the commission of a serious crime.
As follows from the information presented to Shaykhullin S.Kh. charges, he is accused of committing crimes in the period from DD.MM.YYYY to DD.MM.YYYY
Thus, at the time of consideration of the criminal case by the court, the statute of limitations for bringing Shaykhullin S.Kh. had expired. to criminal liability. ( – DD.MM.YYYY).
In accordance with paragraph 21 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 N 19 (as amended on November 29, 2016) “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability,” exemption from criminal liability in connection with active repentance, reconciliation of the parties, the imposition of a court fine and the expiration of the statute of limitations for criminal prosecution, as well as in cases of crimes in the field of economic activity, is carried out in the form of termination of the criminal case and (or) criminal prosecution on the basis of paragraph 3 of part 1 of Article 24, Articles 25, 25.1, 28 and 28.1 of the Code of Criminal Procedure of the Russian Federation. In accordance with Part 2 of Article 27 of the Code of Criminal Procedure of the Russian Federation, a mandatory condition for making such a decision is the consent of the person who committed the crime. If a person objects to the termination of the criminal case, the criminal proceedings continue as usual.
Based on clause 3, part 1, art. Under the Code of Criminal Procedure of the Russian Federation, a criminal case is subject to termination due to the expiration of the statute of limitations for criminal prosecution. In accordance with Part 3 of Art. 24 of the Code of Criminal Procedure of the Russian Federation, the termination of a criminal case entails the simultaneous termination of criminal prosecution.
As established at the court hearing, defendant Shaykhullin S.Kh. does not object to the termination of the criminal case against him due to the expiration of the statute of limitations for criminal prosecution; the legal consequences of termination of the case on non-rehabilitative grounds have been explained to him.
Obstacles provided for in Part 3 of Art. 78 of the Criminal Code of the Russian Federation, for refusal to terminate a criminal case due to the expiration of the statute of limitations on criminal liability, there is no requirement in this case.
Since during the investigation of the case, a civil claim was not filed at the court hearing, measures taken to ensure the execution of the court verdict in the form of seizure of the property of Shaykhullin S.Kh. subject to cancellation.
Based on the above, guided by Art. 78 of the Criminal Code of the Russian Federation, art. Art. 24, 27 Code of Criminal Procedure of the Russian Federation, court
DECIDED
Criminal case and criminal prosecution against Shaykhullin S.Kh., accused of committing crimes under Part 2 of Art. 285 of the Criminal Code of the Russian Federation (as amended by Federal Law dated December 9, 2003 No. 162 - FZ), Art. 292 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 162-FZ of December 9, 2003) - terminate due to the expiration of the period for bringing to criminal liability.
A preventive measure in the form of a written undertaking not to leave the place and proper behavior for Shaykhullin S.Kh. – cancel upon entry into force of the resolution.
Physical evidence: none.
Remove the previously seized property belonging to Shaykhullin S.Kh., in accordance with the resolution of the Ufa District Court of the Republic of Belarus dated DD.MM.YYYY, namely: a land plot with cadastral number No., located at the address: , area sq.m.; car "" with state registration plate No.
The decision can be appealed within 10 days to the Supreme Court of the Republic of Bashkortostan through the Ufa District Court of the Republic of Belarus.
Judge of the Ufa District Court
Republic of Bashkortostan A.B. Medvedev The resolution entered into force on June 27, 2021.
Kinds
SP can be represented by such actions.
| View | Description |
| Intellectual forgery | It is a crime when false information is entered into an official document, which is obviously inconsistent with real events and facts, thereby violating its authenticity and originality. The same applies to the designation of incorrect details (entering a date that is not linked to the actual day of registration of the document and affixing a fake signature). |
| Material forgery | Correction of official papers, changing its real essence. Such changes may involve partial deletion of data, which may change the meaning of all information contained in the document. Methods of change can include adding to the original text, erasing it, verifying it with a different number, adding inscriptions, etc. |
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.
- 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.
- 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
Court hearing
The first surprise to us was that the district prosecutor himself came to support the prosecution in the case. Be that as it may, the court had to take this circumstance into account... We “pressed” on the fact that K. is an inexperienced employee, that he is still studying the criminal process in practice, and that it is absurd to attribute deep meaning to his illiterate actions.
Our witnesses, employees of the police department, stood firm in their position, confirming the absence of a subjective side of the composition in K.’s actions and the fact that he lacked adequate experience. We were able to competently interrogate the “victim” (a certificate from the DC about the insignificance of the damage helped), so that her testimony was difficult to base the charges on, rather they were more supportive of the defense’s position.
The prosecutor turned a blind eye to the fact that the prosecution was collapsing before his eyes and still demanded that K. be found guilty on both charges, arguing more not on the merits, but on general, abstract issues. I brought my views regarding the lack of proof in court of K.’s actions on the objective and subjective side to the court and attached my speech to the minutes of the court session.
The court went to verdict...
The district prosecutor could “receive” an acquittal in a case completed by his subordinates - which, involuntarily, gave a certain urgency to the situation... But, returning from the deliberation room, the court did not pronounce a verdict, but resumed the judicial investigation on its own initiative, ordering, in principle, nothing a meaningless forensic medical examination of the “victim” on the subject: could she, without glasses, make an entry in the explanation with her own hand—what the “victim” was talking about at the court hearing. We all understood that the court, to some extent, was acting wisely by not passing an acquittal, which “loomed” quite realistically here, but by giving the district prosecutor the opportunity to preserve the “honor of his uniform” in this situation...
At the next court hearing, the prosecution was supported by one of the deputy prosecutors. The prosecutor's office received an excellent opportunity to maneuver. Therefore, the prosecution, in my opinion, adequately perceiving the situation, filed a motion to return the case to the prosecutor.
Everything is quite understandable... We objected to this, wanting to “strike while the iron is hot.” It is clear to all of us that the court is not very fond of “stamping out” acquittals one after another - so the case, quite naturally, was returned to the prosecutor.
But then events began to develop unpredictably - instead of taking advantage of the court’s “gift” and quietly ending the case, the district prosecutor files a protest against the court ruling, expressing an opinion completely opposite to that of his deputy and demanding that the “banquet” be continued. We, of course, did not appeal the court ruling, so as not to “give grist” to the prosecution’s “mill” (with the cancellation of the court ruling, the case was automatically transferred to another judge for consideration, which did not inspire us at all). The Cassation Board upheld the ruling. the court is in force.
The matter is being finalized. The prosecution regroups its ranks and again persistently “pushes” the case to court with the same evidentiary “situation”, wanting to still hold its “show” trial (the first “show” trial in L.’s case was apparently not enough). Maybe cherishing bright dreams that another judge will consider the case next? But fortunately for us, the judge remained the same.
Article 292 part 1 – comments
Each criminal offense has an object, a subject, as well as their corresponding parties. However, regardless of what article the accused will be charged with, if even one such component is not found in his actions, then he will escape punishment due to the fact that the crime will not be proven.
From an objective point of view, the forgery itself may consist of two actions performed at the same time or in some other way:
- drawing up initially false official papers;
- entering into prepared documents changes that change their essence.
Such documents can be represented by a diploma, work book, regulatory act, sick leave, etc.
If the corpus delicti is incomplete, punishment will most likely not follow.
Thus, the subject of the offense may not be a document that has already existed for some time, but also one that has just been issued, confirming a legal fact and having legal consequences (such as a diploma or work book).
It is important! SP can occur not only with documents coming from a certain organization or person to the official’s workplace, but also with other papers submitted to him for consideration.
The crime is considered completed after the commission of illegal acts with official documents. In this case, the legislation will not take into account whether these documents will be applied somewhere.
Only government employees can bear criminal liability for official forgery. institutions or officials. Ordinary citizens and employees of organizations are not held accountable on this issue.
Only civil servants and officials can be punished for forgery
Such offenses are committed only with selfish intent.
Note ! In another situation, if evidence of an unintentional act is collected, the investigation is able to reclassify such an action as negligence, manifested due to negligence when filling out a document, which has nothing to do with direct intent.
Commentary to Art. 292 of the Criminal Code
1. The subject of the crime is an official document emanating from state authorities or local government bodies, certifying facts of legal significance, or entailing legal consequences in the form of granting rights, imposing duties, exemption from these powers, or changing their scope.
2. The objective side of the crime is expressed alternatively: firstly, in the introduction of knowingly false information into official documents (the so-called intellectual forgery, which involves the initial preparation of a document that does not correspond in content to reality, false, i.e. certifying the relevant facts by producing a new document , including using the form of the corresponding document); or, secondly, by introducing corrections into official documents that distort their actual content (the so-called material forgery), i.e. in erasures, additions and other actions reflecting and (or) documenting false facts in existing official documents.
3. The subjective side is characterized by direct intent and a special motive: selfish or other personal interest (see commentary to Article 285 of the Criminal Code).
4. This norm is special in relation to Art. 327 of the Criminal Code of the Russian Federation. Accordingly, if the court, when considering a criminal case under Art. 292 of the Criminal Code establishes that in the act that is charged to the defendant, in its entirety or separately, there are no mandatory signs of official forgery characterizing its subject or motive for the crime, the act must be qualified under the relevant part of Art. 327 CC.
Article 292 part 2 - comments
In Part 2 of Article 292 of the Criminal Code, the legislation highlighted the danger of official forgery for society due to the violation of civil rights (organizations) or public rights (states).
Since the offenses discussed in part 2 of the article have more serious consequences, the punishment for them is more serious.
The offense will be determined when the consequences of the actions of the perpetrators who violated the law become apparent.
Punishments vary depending on the nature of the crime
In this case, it is necessary to establish both causes and effect connections between the actions performed and the resulting consequences. An offense can only have indirect or direct intent.
Note ! Careless actions are out of the question.
Litigation for official forgery
Example No. 1
Alexander, who works as a senior foreman, at the request of his employee Marina, wrote out 4 travel slips for her, and in another, additional one, he made a note that she was on a business trip.
There are quite a few examples of such crimes
Based on the completed documents, Alexander made a report on the shortage before the planned audit. But the verdict of the district court, which ruled on official forgery, was overturned by the cassation court. The court concluded that Alexander was not aware of the actions of the chief accountant and, when handing her documents, believed that she was actually absent, being on a business trip. Based on this, we can conclude that Alexander’s intentions were not to issue false documentation. In this case, there is no criminal violation.
Example No. 2
Valentina served as senior investigator. A case came into her development. But since no evidence of the crime could be found, the investigation was suspended. In order not to receive a reprimand from her superiors for inaction, and also to improve her own performance indicators, Valentina registered the criminal case as solved and entered information about this into the statistical cards of the Ministry of Internal Affairs. Her signature was on the official papers.
The court found Valentina guilty of official forgery. But the cassation commission acquitted Valentina, commenting that despite the investigator’s activities in issuing false cards, her actions could not be called criminal. Those maps in which the information was entered were used only for statistics, and they were used only for departmental work. Therefore, no offenses caused by paper fraud were committed. Cards are not considered an official document.
Often the crime is not discovered, and the perpetrator is acquitted
Example No. 3
Vladimir, holding the position of senior foreman, was involved in the appropriation of state farm property. The court issued a guilty verdict against him, and the joint venture considered the subject of the crime. But the supervisory commission considered the forgery invalid.
According to the law, the collective farm is not related to government agencies, so Vladimir was not an official, which means his actions were recognized as fraud.
Sometimes the crime is reclassified
New trial
We, of course, were not going to give in and firmly stood in our positions.
The new trial mirrored the previous one. The only difference was that the prosecutor had changed again - now it was the second deputy prosecutor; and the fact that the “victim” - that is, the main witness for the prosecution, in court began, openly, to support our side. In court, the defense dealt only light blows to the weak points of the prosecution’s structure, and the prosecution fell apart like a sand castle... And in conclusion, the prosecution “received” an “honestly earned” acquittal in the case.
The second instance upholds the verdict.
This time the regional prosecutor did not file a supervisory protest.
PS During the consideration of the case, I considered the prosecutor’s private protest against the court ruling to be an inconsistency in the work of the prosecution, but later, analyzing the situation, I saw a certain meaning in this “inconsistency” - the cancellation of the court ruling and, accordingly, a change of judge, could quite realistically lead to to the other - a guilty verdict. And the prosecutor’s office apparently tried to strategically “play this card.”
Nuances of official forgery
In the case where an official committed criminal acts, the purpose of which was to issue false documents, then he exceeded his official powers in order to avoid harmful consequences, the harm from which, however, would be much more significant than what was caused in fact, when it was impossible to do otherwise. Such actions are classified as extreme necessity. Since there is no direct intent here, the person will not be punished in any way.
The commentary to Article 292 of the Criminal Code gives a more expanded definition of “official”, explaining exactly what powers he is vested with. Therefore, if a person draws up any document and enters false information into it, then for this he must have certain job descriptions. But such responsibilities are assigned to officials in the manner required by law, for example, in a job description or employment contract.
Note ! If these requirements are not met, the official issues an unlawful order, for the reason that this sphere of influence is not subject to his control, which means that the issued document will be considered invalid.
Fraud can only be committed by a person who is authorized by law
If an official draws up an official document in order to appropriate property for himself in the future, then in addition to punishment for official forgery, he will also be punished for theft.
If we consider the reasons for committing joint ventures, these may not only be selfish motives. An official has the opportunity to enter false information into papers in order to hide his official inconsistency or wanting to downplay the complexity of the situation.
Very important! Information that does not correspond to reality must be included in genuine official documents. Example: the head of the registry office can put a stamp in the passport by prior agreement, even if there was no divorce itself.
By making changes to documents that change their meaning, we mean correcting the details of the act or, in other words, changing the date of issue.
Official forgery can be material, intellectual
The method of committing official forgery can be material or intellectual. The latter should be understood as making a sample on an official form, but with the entry of false testimony. Thus, the investigation has the opportunity to prove the unreliability of the entered data. Material forgery may be a modification of the content or type of paper.
Note ! In a number of cases, joint ventures in the form of creating false documents are initiated in order to conceal some other offense, including to conceal embezzlement. In such situations, the acts of violators can be classified under two articles at once: 16 and 292 of the Criminal Code of the Russian Federation.
According to statistics from the Ministry of Internal Affairs, the growth of crimes under Article 292 of the Criminal Code continues to increase. Law enforcement agencies are unable to identify new types of forgery of official papers. This all points to the secretive nature of fraud, for example, in the field of electronic technology.
Often, official forgery is hidden fraud
Criminal liability for official forgery
Sanctions for illegal actions of citizens aimed at committing official forgery are provided for in parts of Article 292 of the Criminal Code of the Russian Federation. Part 1 of the article establishes:
- a fine in the amount of 80,000 rubles or in the amount of the salary or other income of the convicted person (including unofficial income, the presence of which can be proven) for 6 months;
- compulsory work for a period of up to 48 hours (performed by the convicted person in his free time from his main activity);
- corrective labor for up to 2 years (can be applied at the main place of work or in another organization);
- forced labor for up to 2 years;
- arrest for up to 6 months (not assigned to pregnant women and mothers with children under 14 years of age, minors);
- imprisonment for up to 2 years (elected only if the forgery was committed together with another crime).
Part 2 of Article 292 of the Criminal Code of the Russian Federation provides for liability for a crime that entails a violation of the rights of citizens or the state, in the form of:
- a fine in the amount of 100,000 to 500,000 rubles or in the amount of the convicted person’s earnings for a period of 1-3 years;
- forced labor for a period of up to 4 years with or without deprivation of the right to hold a certain position or engage in activities for a period of up to 3 years;
- imprisonment for up to 4 years with or without a ban on engaging in activities or a certain position for 3 years.
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.
Analysis
When I began to get acquainted with the criminal case against K. and delve deeper into the situation, I was surprised to find only weak signs of “attracted” crimes.
The situation looked like this: K., a police officer, detective officer of the Department of Economic Crimes, who served in the Ministry of Internal Affairs for only 4 months, during his duty he went to the Geologist House of Culture to steal. He took an explanation from the woman who called the police, who at the same time refused to write a statement about bringing criminal charges against n/persons for theft. As a result, K. issued a decision to refuse to initiate criminal proceedings, citing Art. 7 of the Code of Criminal Procedure of the Russian Federation - due to the absence of a statement from the victim. He had no right to refuse to initiate a criminal case on this basis, since the law does not provide for the possibility of refusing to initiate a criminal case under Art. 158 of the Criminal Code of the Russian Federation (theft) on the basis of Art. 7 Code of Criminal Procedure of the Russian Federation. But instead of simply canceling the unlawful decision, the prosecutor’s office decided to prosecute K. himself. The investigation “saw” that K. in the explanation of the “victim” - K. wrote “loss” instead of the word “theft”, and also, contrary the will of the victim, in her explanation he indicated that she did not want to write a statement about bringing the thieves to criminal liability, and that the damage caused by the theft was not significant. And K.’s intention, according to the prosecutor’s office, was to hide the crime from being recorded, thereby improving the crime detection rate in the area.
The objective side of the composition (the unlawful actions of the accused) did not look very strong, to put it mildly: the words “loss” and “theft”, by and large, are not very different from each other. And under the phrases about the insignificance of the damage and the reluctance to write a statement in the protocol, there was the signature of the “victim” (she was a witness in the case). During the investigation, the victim testified that she did not say these words, but apart from K. and K-voy, no other persons were present when the latter gave her explanation. In the decision made by K. to refuse to initiate a criminal case, which he, nevertheless. had the right to make a decision that clearly indicated the fact of theft.
The subjective side (the thoughts of the accused regarding his actions) did not look any better: K., indeed, is not responsible for the percentage of crimes solved (if it were wrong) in the area and his salary does not depend on this in any way, he is an employee of the Department of Economic Crimes and his crimes are of a general criminal nature, in principle, they do not concern. In addition, with his 4-month experience in the “authorities”, it is simply stupid to try to discern in K.’s actions a deeper meaning regarding the desire to influence the crime detection rate.
The general impression was that the prosecution’s position was clearly rather weak, but how things would turn out further was still far from clear. Here it would be appropriate to remember the saying: “If you go to fight a jackal, get ready to fight a tiger.”
I turned to the leadership of the police department, which, as I understood, was not interested in their employee being found guilty. To confirm the absence of the subjective side of the crime in K.’s actions, I needed interrogations in court of a number of K.’s leaders, since the fact that I don’t see the subjective side of the crime is not the main thing, the main thing is to “show” this to the court... The employees I need are ready were to give the necessary testimony in court. In addition, we took a certificate from the Geologist House of Culture stating that the damage caused by the theft was indeed not significant. What supported K.'s testimony?
