Lawyer for Forgery of Official Documents
The lawyer for the crime of forgery of official documents provides legal support in investigations and criminal cases carried out within the scope of TCK Article 204. This crime; It may arise by forging an official document, changing a real official document in a deceptive manner, or using a fake official document.
Forgery of official documents files in Istanbul; It frequently occurs due to commercial transactions, vehicle sales, title deed transactions, company documents, diplomas, reports, licenses, powers of attorney and documents submitted to public institutions. For this reason, the nature of the document, its intended use and the evidence in the file should be carefully examined.
If there is an allegation of fraud along with this crime, fraud crime lawyer The content titled may also attract your attention.
What is the crime of forgery of official documents?
The crime of forgery of official documents is the forgery of a document issued by a public official or that has the nature of an official document. This crime is among the crimes committed against public trust.
According to TCK Article 204, issuing a fake official document, changing a real official document in a way to deceive others, or using a fake official document are punishable. Therefore, not only the person who prepares the document but also the person who uses it knowing that it is fake may be liable.
What is an Official Document?
An official document is a document prepared by a public official as part of his duty and capable of giving rise to legal consequences. Population registry sample, court decision, land registry, license, official report, power of attorney and notary documents can be evaluated in this context.
Whether a document is considered an official document is determined by the person who issued it, the content of the document, whether it produces legal consequences, and its legal nature. For this reason, the legal nature of the document should be examined separately in each file.
What Acts Does TCK 204 Punish?
Within the scope of TCK Article 204, three basic actions stand out. These are issuing a fake official document, deceptively changing the real official document and using a fake official document.
| Verb | Explanation |
|---|---|
| Forging documents | Creating an official document that does not actually exist as if it existed |
| Change the actual document | Making deceptive changes to an existing official document |
| Using fake document | Using the document in a transaction knowing that it is fake |
| Forgery of public official | Forgery by a person authorized to issue documents as part of his/her duty |
| qualified document | There will be an increase in penalties for valid documents until their falsity is proven. |
Punishment for the Crime of Forgery in Official Documents
According to TCK Article 204/1, anyone who forges, alters or uses an official document is punished with imprisonment from 2 to 5 years. This regulation applies to persons who are not public officials.
According to TCK Article 204/2, if a public official forges an official document that he is authorized to issue as part of his duty, the penalty is imprisonment from 3 to 8 years. If the official document is a valid document until its forgery is proven, the penalty is increased.
Forgery of Official Documents by a Public Official
Forgery of official documents by a public official is a more serious form of the crime. Because the public official's authority to issue documents increases the trust in the document.
For this reason, a public official who issues false documents, changes the real document, or uses a fake official document may face more severe sanctions. It is important whether the person in the file is a public official and whether he or she has the authority to issue the document as part of his or her duty.
What is Fake Document Issuance?
Forging a document is the creation of an official document that does not actually exist. For example, preparing a fake license, fake diploma, fake medical report or fake official letter can be considered within this scope.
In this crime, it is important whether the document has the ability to deceive. It can also be discussed whether a crime has occurred in terms of documents that are understood by everyone to be fake at first glance and are not capable of giving rise to legal consequences.
Changing the Actual Document
Any change in date, name, signature, seal, amount or content on the actual official document may be subject to the crime of forgery of official documents. Here the document is initially real; but was later deceptively changed.
For example, changing the date, identity information or confirmation part of an official document may lead to a criminal allegation. Whether the change affects the legal outcome of the document is examined on a case-by-case basis.
Using Fake Official Document
Using a forged official document is the use of a document known to be forged in a transaction or submission to the institution. The person who did not personally prepare the document may also be held responsible if he/she used it knowing that it was fake.
Therefore, it is important in the defense whether the person knows that the document is fake or not. The person who claims to have used the document in good faith must be able to explain this situation with the evidence in the file.
Why is Deception Ability Important?
In the crime of forgery of official documents, the ability of the document to deceive is an important evaluation element. The fake document must give the impression of being a real document at first glance and must be capable of misleading people.
The elements of the crime may become controversial in cases where the document is clearly fake, has no legal consequences, or is not conducive to deceiving anyone. Therefore, it may be necessary to perform a technical review on the document.
Difference Between Public Document and Private Document
An official document is a document issued by a public official as part of his duty. Private documents may include documents such as contracts, promissory notes, written statements or commercial documents drawn up between individuals.
The crime of forgery of private documents is also regulated in TCK Article 207. Whether the document is official or private is of great importance in terms of the article and the amount of penalty to be applied.
Documents Considered as Official Documents
Some special documents may be considered official documents by law. Documents such as bills of exchange, written documents, stocks, bonds and wills can be evaluated in this context.
In case of forgery of such documents, the provisions of forgery of official documents may be applied. Therefore, the type and legal nature of the document can directly affect the outcome of the case.
Damaging, Destroying or Concealing an Official Document
TCK Article 205 regulates the acts of corrupting, destroying or concealing a genuine official document as a separate crime. This crime is different from forgery of official documents.
For example, if a real document is destroyed or hidden, TCK Article 205 may come to the fore, depending on the concrete case, rather than TCK Article 204. Therefore, the nature of the crime must be determined correctly.
Misrepresentation in the Issuance of an Official Document
TCK Article 206 regulates making a false statement to a public official authorized to issue official documents. This crime is different from the crime of forgery of official documents.
If a person gives false information to a public official, causing the issuance of an official document, TCK Article 206 may come into question. Therefore, it is important who prepared the document in the file and how the act of forgery took place.
The Relationship between Forgery and Fraud in Official Documents
A fake official document can sometimes be used as a tool to commit another crime. For example, receiving money with false documents, using a loan, transferring real estate, or causing harm to a person may also raise allegations of fraud.
According to TCK Article 212, if a fake official or private document is used during the commission of another crime, separate penalties may be imposed for both forgery and the relevant crime. For this reason, the file should be examined not only in terms of documents but also in terms of other criminal connections.
Is the Crime of Forgery in Official Documents Dependent on a Complaint?
As a rule, the crime of forgery of official documents is not subject to a complaint. The prosecutor's office may initiate an investigation ex officio when it learns of the crime.
Therefore, even if the victim drops the complaint, the investigation or lawsuit may continue. However, victim declaration, compensation for damage and explanation of the incident may be effective in evaluating the file.
Evidence in the Case of Forgery of Official Documents
In cases of forgery of official documents, evidence may be of a technical nature. The original document, its photocopy, records of the institution where it was issued, signature examination and expert report are among the important evidence.
| Type of Evidence | Why is it important? |
|---|---|
| original document | It is important for the technical investigation of counterfeiting. |
| Institutional records | Indicates whether the document has actually been edited. |
| signature review | It can identify who the signature belongs to. |
| Seal and stamp examination | It helps to evaluate the reality of the official appearance. |
| expert report | Examines the document's deception ability and technical features. |
| Witness statements | Can explain the process of using the document. |
| digital records | It is important for e-documents, e-signatures and system records. |
Signature Review and Expert Report
Signature examination comes up frequently in official document forgery cases. Whether the signature on the document belongs to the defendant or not can be evaluated by an expert witness.
However, signature review alone may not always be sufficient. The document's preparation process, delivery method, intended use and the parties' statements should also be evaluated together.
Is the Crime of Forgery Occurred with Photocopied Documents?
Whether the crime of forgery of an official document will occur with a photocopied document is evaluated according to how the document is used and its ability to deceive. Not every photocopied document is automatically considered an official document.
However, if the photocopy is used as a real document in an official transaction, is taken into consideration by the institution, or is capable of giving rise to legal consequences, a crime discussion may come to the fore. This issue should be examined according to the characteristics of the file.
E-Signature and Digital Document Forgery
Nowadays, official documents are not only prepared on paper. Electronic signature, UYAP records, e-government documents, barcoded documents and digital verification systems have become important in terms of official document quality.
System records, IP information, access logs, verification codes and electronic signature records can be examined in cases of alleged forgery of digital documents. In such cases, the technical expert report is of great importance.
How does the case of forgery of official documents proceed?
The process usually begins with the document being noticed during a complaint, notice, agency notification or other investigation. The prosecutor's office obtains the document, examines the institution's records and, if necessary, obtains an expert report.
If sufficient suspicion arises, an indictment is prepared and a criminal case is opened. Court; It evaluates the nature of the document, the existence of forgery, the ability to deceive and the intent of the defendant together.
In which court is the case of forgery of official documents heard?
The court responsible for the crime of forgery of official documents is determined according to the nature of the crime and the alleged act. In practice, cases within the scope of TCK Article 204 are mostly heard in criminal courts of first instance.
However, if there is a connection with fraud, organization, public harm or another serious crime in the file, the court and the process may differ. The courthouse in Istanbul where the file will be heard is determined according to the crime scene and jurisdiction rules.
Official Document Forgery Cases in Istanbul
Official document forgery cases in Istanbul; It frequently comes to the fore due to commercial life, public institutions, notary transactions, title deed transactions, vehicle purchases and sales and company documents. Files often contain dense documentation and white papers.
In terms of the European Side and Anatolian Side of Istanbul, authority may vary depending on factors such as the place where the document is used, the address of the institution, the residence of the parties and the place where the investigation is initiated. Therefore, the application and defense process must be planned carefully.
How to defend against the crime of forgery of official documents?
In the defense, it must first be examined whether the document qualifies as an official document. Then, the existence of forgery, ability to deceive, who prepared the document and the intent of the defendant are evaluated.
It may be important for the defense that the person uses the document without knowing that it is fake, does not act on the document, or that the document does not have the ability to deceive. In this process criminal lawyer Getting support helps evaluate the technical aspects of the file.
Reasons for Acquittal in the Crime of Forgery in Official Documents
Acquittal in the crime of forgery of official documents may come to the fore if the elements of the crime are not met. The fact that the document is not considered an official document, that forgery cannot be proven, or that the perpetrator does not have any intention may be grounds for acquittal.
In addition, it is important in the defense that the document does not have the ability to deceive or that the defendant cannot be linked to the act of forgery. For conviction in criminal proceedings, suspicion must be evaluated in favor of the defendant, not against him.
Legal Support from Attorney Mehmet Emin Kurşun
Crimes of forgery of official documents require technical document examination and criminal law knowledge to be evaluated together. Signature review, expert report, institutional records and the legal nature of the document can directly affect the outcome of the case.
Attorney Mehmet Emin Kurşun provides legal support in cases of forgery of official documents, forgery of private documents, fraud-related forgery and digital document forgery in Istanbul.
Things to Know Before Starting the Legal Process
It is important for people facing allegations of forgery of official documents to evaluate the scope of the case before giving a statement or presenting a document. It is difficult to establish a sound defense without examining the original document, the records of the issuing institution and its usage.
Obtaining legal support at an early stage in cases where fraud is alleged is important in terms of collecting evidence correctly and preventing erroneous statements. Acting quickly in such files in Istanbul can reduce the risk of loss of rights.
Frequently Asked Questions
What is the crime of forgery of official documents?
The crime of forgery of official documents is the forgery of an official document, deceptive alteration of the real document, or the use of a forged official document.
Which article regulates forgery of official documents?
The crime of forgery of official documents is regulated in Article 204 of the Turkish Penal Code No. 5237.
What is the penalty for forgery of official documents?
According to TCK Article 204/1, in the basic case of the crime, a prison sentence of 2 to 5 years is foreseen. If committed by a public official, the penalty may be imprisonment from 3 to 8 years.
Is it a crime to use a fake official document?
Yes. Knowingly using a false official document may also constitute a crime under Article 204 of the Turkish Penal Code.
Is forgery of official documents subject to complaint?
No. As a rule, the crime of forgery of official documents is not subject to a complaint. When the prosecutor's office learns of the crime, it may initiate an investigation ex officio.
What is the difference between a public document and a private document?
An official document is a document issued by a public official as part of his duty. Private documents are documents issued between individuals that do not constitute official documents.
Is it possible to forge official documents with photocopied documents?
It can be evaluated according to the concrete event. If the photocopy is used as a real document in an official transaction and has the ability to deceive, a crime discussion may arise.
Is forgery of e-government documents a crime?
Forgery of documents containing e-government, barcoded documents or electronic signatures may be considered within the scope of forgery of official documents, depending on the concrete case.
Is the expert report important in the case of forgery of official documents?
Yes. The expert report is among the important evidence in terms of signature, seal, stamp, document format, deception ability and technical features.
Why is the support of a lawyer for forgery of official documents in Istanbul important?
In Istanbul, these files are generally linked to notary, land registry, company, public institution or digital document records. Technical document review and criminal law evaluation should be done together.
