Pursuant to Article 216 of the Penal Code (PK), forgery is committed by anyone who fabricates a false document or alters a document, with the intent to deceive another regarding a fact that may have legal consequences, and is punishable by imprisonment of at least three (3) months. The same penalty applies to anyone who knowingly uses a false or altered document. Our firm has handled numerous forgery cases, including those with the aggravating circumstance of use of the forged document. We have also handled several cases of forgery at the felony level, where the financial benefit obtained from the forgery exceeds €120,000, or where the offense is committed professionally or habitually with a total amount exceeding €30,000, in which case forgery is punishable by imprisonment (felony) and constitutes a felony.

What is forgery?

The objective elements of forgery are established when:

• the perpetrator fabricates a document from the outset, which they present as having been drawn up by another, or
• the perpetrator alters a genuine document.

The subjective elements of forgery are established when:

• the perpetrator knew of and intended the factual circumstances that constitute the objective elements of the offense, and
• the perpetrator intended to deceive another through the use of the false or altered document regarding a fact that may have legal consequences.

According to one view, doubt is sufficient for the knowledge element. For the aggravating circumstance of forgery with intent to obtain financial benefit under Article 216 paragraph 3 of the Penal Code (PK), establishing the subjective elements also requires the intent to gain.

Concept of document

A document, which constitutes the material object of forgery, means any writing intended or suitable to prove a fact having legal consequences, as well as any sign intended to prove such a fact. A photocopy of a document also qualifies as a document, depicting (photographing) the original document by means of an appropriate device, since there is a faithful mechanical reproduction of the original (photocopier). The fact with legal consequences which the original document is intended or suitable to prove also appears on the photocopy, even if it is not certified, and may therefore be proved by means of the photocopy.

Fabrication of a new document

If the perpetrator presents the document as having been drawn up by another, by imitating the handwriting, the perpetrator engages in original fabrication of a document.

Alteration of a document

Alteration of a genuine document occurs when the meaning of the content of the document is modified.

Use of a false or altered document by the forger

If the forger themselves makes use of the false or altered document, this act constitutes an aggravating circumstance.

Authorisation or consent of the affected party

Placing the signature of a third party on a document without their consent constitutes forgery. Placing the signature of a third party on a document with their prior consent does not constitute forgery. If the purported issuer of the document gives authorisation or consent, express or tacit, for the drawing up of a document by placing the signature of the purported issuer on a private document, the drawing up of the document in this manner does not establish the objective elements of fabrication of a false document.

Civil claim by injured party

The party directly harmed by the act of forgery and entitled to participate in the criminal proceedings as a civil claimant for pecuniary compensation on account of moral damages is the person who has suffered or is about to suffer the legal consequences of the forgery.

Continuing offense

A continuing offense is one committed by the same person and consisting of multiple acts of the same type, distinguishable in time from one another, infringing the same legal interest, with each act containing all the elements of one and the same offense, connected by a unified intent for their execution Plenary Areios Pagos Criminal Division 1/2018.

Reasoning of the judgment

The court’s judgment must specify precisely the purpose of the forgery of the certificate. In the case of inserting an incorrect date of birth for the issuance of a new identity card, if the judgment does not specify the purpose of forgery, a ground for cassation is established. The judgment’s mention of the precise time of commission of the act is necessary for the commencement and calculation of the limitation period. If the precise time of commission of the act is not specified in the judgment, Areios Pagos cannot rule on whether the act has lapsed by limitation, and thus the provisions on limitation are violated indirectly, establishing the ground for cassation under Article 510 paragraph 1 element E of the Code of Criminal Procedure (KPD). The appellate court is entitled to determine more precisely the time of commission of the act, as it emerged from the evidence, provided that the identity of the act or any existing limitation is not affected; otherwise, the ground for cassation under Article 510 paragraph 1 element H of the Code of Criminal Procedure (KPD) for excess of authority is established.

Use of a false or altered document

If a person knowingly uses a false or altered document, with the intent to deceive another regarding a fact that may have legal consequences, the perpetrator is punishable by imprisonment of at least three months Article 216 paragraph 2 of the Penal Code (PK) Article 216 paragraph 1 of the Penal Code (PK). The use of a false or altered document constitutes a separate, autonomous offense, not only when committed by the forger themselves who for any reason cannot be punished for the forgery, but also when committed by a third party who is not the forger.

Forgery with use and fraud

The acts of forgery with use and fraud genuinely concur, and neither absorbs the other, because each is autonomous and is established by different facts. In particular, the achievement of deception and harm to the property of the deceived party or a third party, which constitute elements of the objective elements of fraud, do not correspondingly constitute elements of the elements, or aggravating circumstance, or necessary means of committing forgery. If the false facts presented as true for the fraud coincide with those constituting the use of the false document, the attempt at fraud and the use of the false or altered document are not autonomous offenses, and the attempt at fraud is absorbed by the use of the false document. If, in addition to these false facts, the attempt at fraud also involves other false representations that do not coincide with those constituting only the use of the false document, the attempt at fraud and the use of the false or altered document are autonomous offenses.

• See also article Defamation
• See also article Bodily Harm
• See also article Narcotics
• See also article Fraud
• See also article Forgery
• See also article Embezzlement
• See also article Negligent Homicide
• See also article Tax Evasion

FREQUENTLY ASKED QUESTIONS ABOUT FORGERY

1. What sentence do I face if charged with forgery?

The basic form of forgery under Article 216 paragraph 1 of the Penal Code (PK) is punishable by imprisonment of at least three months. When the aggravating circumstance of use of the false document by the perpetrator themselves applies, the sentence increases. It is elevated to the felony level only when the financial benefit exceeds €120,000 or when the offense is committed professionally or habitually with a total benefit exceeding €30,000, in which case imprisonment (felony) is provided.

In misdemeanor cases, there are significant possibilities for limiting the sentence: suspension under Article 99 of the Penal Code (PK), conversion to a monetary penalty under Article 80 of the Penal Code (PK), community service, as well as recognition of mitigating circumstances under Article 84 of the Penal Code (PK) (prior law-abiding life, sincere repentance, good conduct after the act).

2. How can I avoid conviction for forgery?

The defense focuses on challenging the objective and subjective elements. It is often demonstrated that the purported issuer had given consent, express or tacit, for the placement of the signature, in which case forgery is not established. It is also examined whether the document is suitable to prove a fact with legal consequences and whether there was an intent to deceive.

Additional defense lines include the statute of limitations (when the judgment does not precisely specify the time of commission), challenging handwriting expert reports, the existence of doubt as to the perpetrator’s knowledge, and the application of the principle in dubio pro reo. Where the case file has deficiencies in reasoning, this opens the way to acquittal or cassation.

3. What do I do if I am summoned to preliminary investigation or under flagrante delicto procedure?

From the first moment of the summons, you must contact a lawyer before giving any statement or defense statement. You have the right to remain silent and the right to obtain a deadline of at least 48 hours to prepare your defense statement, without this being held against you.

Hasty answers, admissions, or “explanations” to the police without legal representation are the most common reason forgery cases end in conviction. The lawyer studies the case file, identifies weaknesses (handwriting report, witnesses, time of commission), and develops a coherent defense line before submitting the memorandum.

4. How long does criminal proceedings for forgery last?

At the misdemeanor level, from the filing of the criminal complaint to the trial at the Three-Member Misdemeanors Court, usually one to three years pass, depending on the court’s caseload. If a preliminary investigation or main investigation precedes, the proceedings are extended. At second instance, the trial at the Three-Member Court of Appeals for Misdemeanors is generally scheduled after one to two years.

At the felony level, a main investigation precedes, followed by referral by judicial council order and trial by the Mixed Jury Court, with a total time that can reach four or five years. The statute of limitations begins from the time of commission and constitutes a critical tool, especially in old cases.

5. What documents and evidence does the lawyer need?

Initially, a copy of the criminal complaint or the summons, as well as the entire case file after authorisation by the public prosecutor. The disputed document characterised as false is needed, any previous genuine documents of the same type for comparison, as well as the handwriting expert report that may have been conducted.

In addition, evidence concerning the relationship between the parties is gathered (contracts, correspondence, messages, emails) which may demonstrate consent or authorisation by the purported issuer. Important also are the details of defence witnesses who are aware of the circumstances of the drawing up or signing of the document.

6. What is the role of the lawyer in a forgery charge?

The lawyer takes over representation from the pre-trial stage, studies the case file, drafts the defense memorandum, and raises standalone pleas for mitigating circumstances or for absence of intent. They monitor the handwriting expert report, request supplementary examinations, and propose a technical advisor when the findings are disputable.

In the courtroom, the lawyer challenges the credibility of prosecution witnesses, highlights the absence of intent to deceive or legal consequences, and invokes the statute of limitations where applicable. In the event of conviction, the lawyer files an appeal and cassation, focusing on deficiencies in reasoning, erroneous application of Article 216 of the Penal Code (PK), and indirect violations, as provided by Article 510 of the Code of Criminal Procedure (KPD).