Criminal Code > BOOK IV CRIMES AGAINST 1

BOOK IV CRIMES AGAINST THE PUBLIC INTEREST OR THE COMMUNITY

TITILE I BREACHES OF PUBLIC CONFIDENCE

CHAPTER I Falsification, Forgery And Suppression Of Instruments

Article 375- Material Forgery.

Whoever, with intent to injure the rights or interests of another, or to obtain for himself or to procure for another any undue right or advantage:

(a) falsely executes an instrument, such as a writing, a deed or any document or material means constituting proof of, or capable of proving, a fact material, or susceptible of becoming material, to legal proceedings; or

(b) makes use of the sign manual, signature, mark or stamp of another to make a false instrument; or

(c) counterfeits an instrument, especially by changing his handwriting, by affixing to the instrument a false signature, mark or stamp, or by signing it in a false capacity purporting to certify its authorship; or

(d) falsifies an instruments, especially by modifying, deleting, adding or altering, in whole or in part, the name or signature of its author or the terms, figure, facts or material details it contains,

is punishable with simple imprisonment for not less than three months, or, in more serious cases, with rigorous imprisonment not exceeding ten years.

Article 376- Intangible Forgery.

Whoever, with the intent specified in Article 375, falsely inserts or causes to be inserted in an instrument, while it is being drawn up, a fact possessing or susceptible of assuming legal significance,

is punishable under Article 375.

Article 377- Specified Cases.

Whoever, with the intent specified in Article 375:

(a) deceives a third party about the contents of an instrument so that he affixes his signature thereto in the belief that he is signing another instrument, or an instrument of other content; or

(b) delivers an instrument in the name of a person without that person’s consent, or in the name of a non-existent person,

is punishable under Article 375.

Article 378- Use of Forged Instruments.

Whoever knowingly makes use of a forged or falsified instrument, is punishable under Article 375.

Article 379- Forgery or Falsification of Public or Military Documents.

(1) Where any of the crimes specified under the preceding provisions of this Chapter is committed on:

(a) a public register, an official act, an act concerning public interests; or

(b) an instrument entered into a public register or a holographic will; or

(c) an instrument or document concerning national defence, or the Defence Forces or their organization, duties or affairs,

the punishment shall be rigorous imprisonment not exceeding fifteen years.

(2) Where the crime is committed by a public servant, officially entrusted with the drawing up, filing, keeping or delivery of extracts from the registers, instruments, deeds or documents in question,

the punishment shall be rigorous imprisonment from five years to twenty-five years.

In very serious cases, the punishment may extend up to life imprisonment.

Article 380- Suppression of Instruments.

(1) Whoever, with the intent specified in Article 375 damages, tears, destroys, suppresses or takes an instrument of which he has not the right of absolute disposal,

Is punishable with simple imprisonment not exceeding two years, in less serious cases, and with rigorous imprisonment not exceeding five years, in more serious ones.

(2) Where the act has been done to the prejudice of a member of the criminal’s family, near relative or a person having common interest or ties of affection with the criminal, or a person cohabiting with him, proceedings shall be instituted only upon complaint.

Article 381- Suppression of Public or Military Documents.

(1) Where the crime specified under Article 380 above concerns a public or military instrument, the punishment shall be rigorous imprisonment not exceeding ten years.

(2) Where the crime is committed by a public servant, officially entrusted with the drawing up, registration, keeping, disposal or delivery of such instrument, the punishment shall be rigorous imprisonment not exceeding twenty-five years.

Where the commission of the crime is very grave, the punishment shall be rigorous imprisonment for life.

(3) Where the crime is committed negligently, the punishment shall be simple imprisonment or fine.

Article 382- Falsification or Suppression of Commercial Instruments or Negotiable Securities.

(1) Where the forgery or the use of the forged instrument or the act of causing another to make use of its concerns a bill of exchange, a cheque, a promissory note, a bank deposit book or other certificate of deposit in a bank, a credit card, or a document in an institution of deposit or loan, or a share certificate, the punishment shall be rigorous imprisonment not exceeding ten years.

(2) Where the crime specified under Article 380 is committed on such documents or instruments, the punishment shall be rigorous imprisonment not exceeding ten years.

(3) Where the crime specified under Article 380 is committed negligently on such documents or instruments, the punishment shall be simple imprisonment or fine.

Article 383- True or Certified Copies.

The forgery or suppression of true copies or certified true copies, which, in law, may be accepted as originals, is punishable under the relevant provisions of this Chapter.

Article 384- Falsification and use of False Public Transport Tickets.

(1) Whoever, with intent to injure the rights or interests of another, or to procure for himself or another an undue advantage:

(a) makes without lawful authority, falsifies or counterfeits, vouchers, passes or tickets for transport, whether by land, by sea or by air, or for persons, animals, objects or goods; or

(b) after genuine tickets, vouchers or passes have been used, cancelled or punched, gives them the appearance of valid tickets, vouchers of passes in order to use them or to cause them to be used anew,

is punishable with simple imprisonment and fine.

(2) Whoever knowingly makes use of such falsified or used tickets, vouchers or passes as if genuine,

Is punishable with fine, or, according to the circumstances of the case, with simple imprisonment not exceeding three months.