What is the difference between forgery and falsification?

What is the difference between forgery and falsification?

Documentary forgery

To make a false document is to create it in order to give the content or the signature that integrates it the character of genuine. To make a document should not be understood simply in the material sense of the expression, to fabricate it, that is, to draft, write and sign it, but in the sense of constituting it, to grant it, which means to assent to its content and give it authenticity.

content and give it authenticity. The crime of documentary falsehood can be consummated by using a written and printed formula, and will consist then in the fact of making it appear as authorized and signed by the person against whom it is intended to be asserted. To make a false document is to constitute it with the requisites required for it to have legal effect, as title to a right or obligation, or as proof of a fact.

Adulteration of a true document means the material transformation of the legitimate document in some of its parts, by adding or removing words, figures, etc., so that the document expresses or attests to things different from what it expressed or attested to in its original state. The hypothesis

Forgery and alteration of documents

The study of document alterations has been attempted with scientific rigor since the end of the 19th century, but few efforts have been made to classify them in a rigorous manner. The classics of this branch of forensic science were content with relatively simple and unsystematic groupings.

Read more  What is falsification of documents?

In chapters XXIX and XXX of his monumental “Questioned Documents for example, the great master Albert S. Osborn tackles in depth the subject of erased writings, their decipherment and regeneration, as well as alterations by addition, including interlineations and substitutions, but he does not attempt a systematic classification of their modus operandi.

The word alteration – derived from the Latin verb alterare, from alter, other – designates in its primary meaning, the action of “changing the essence or form of a thing”. To alter, then, is to modify or transform, to convert one thing into another. Something like “otrorar”, if language would admit this unusual word. In our case, to alter a writing is to change its appearance or meaning by adding, suppressing or substituting signs or elements.

Difference between forged and counterfeit documents

These two facts give rise to the criminal action. The Criminal Code, by typifying these crimes, seeks to prevent their commission and thus provide greater security to those who trust the instruments or documents they use in their legal relations.

But the Criminal Code exceeds in these cases its preventive function, since in the crimes of FORGERY OF DOCUMENTS and IDEOLOGICAL FALSENESS, it penalizes not only the criminal agents, but also those who use the forged documents, without distinguishing between those who used them maliciously and those who did it without malice.

As a clear benefit to Peruvian society, it will prevent people who have nothing to do with the commission of a criminal offense from having problems with the administration of justice and being treated as criminals.

Read more  What is 10g monofilament test?

Examples of forgery

The analysis of the protected legal right in the crime of forgery of documents and signatures occupies a predominant place in Jurisprudence and Law, being considered, due to the accelerated development of technology, that nowadays there are electronic signatures, that is to say, that the analysis of documents has changed its conception, extending its approach to the electronic type, including them as part of the legislation, understanding that when naming the term document, reference is being made to the digital and physical ones.

Based on this appreciation, this article aims to analyze the forgery of documents and the protection of the legal right in criminal matters from a theoretical approach, whose specific objectives are to describe the forgery of documents, continuing with the doctrine on the theories that investigate the protection of the legal right in the field of forgery of documents.

In compliance with the objectives of the article, the exegetical analysis was applied as a research method, which was used in conjunction with the bibliographic review of legal and doctrinal sources, associated with the collection of data in legal works endorsed by publishers and international physical and digital journals, which refer to the problem related to the theories on the protection of the legal good in the crime of document forgery.

Read more  Is Matplotlib an API?