The crime of “signature forgery” is one of the most common offences in the course of document circulation. It consists in the preparation of an inauthentic document, i.e. one that appears to have been prepared by a person other than its actual author. However, simple forgery of a signature is not always a crime, as it does not always affect public relations in any way.
For example, humorous attempts to imitate someone’s signature on white sheet, on which no content is reflected, cannot be classified as a crime.
At the same time, there are several main categories of criminal acts in which the preparation of a false document by forging a signature and/or its use for certain purposes may lead to imprisonment. These are ordinary document crimes and document fraud, with only the former being discussed in this article.
A case from the law firm
Elena* is accused of forging the signatures of various officials (notaries, court officials, police authorities) and using false seals and stamps, she helped over 100 individuals and commercial companies to obtain large bank loans unlawfully, even though they did not meet the credit conditions of the respective financial institution.
Her home was searched and seized, and numerous forged powers of attorney were found, as well as forged seals of a number of state institutions.
Elena was sentenced by the court of first instance to one year’s imprisonment, the execution of which was suspended for a period of three years (conditional sentence) due to her clean criminal record and good character references.
With the assistance of Silvia Petkova Sole Proprietorship Law Firm, the court of second instance fully acquitted Elena of the charges brought against her. At present, the acquittal has become final and is not subject to review.
* In order to comply with attorney-client privilege, the name has been changed.
Falsification of signature in official document
Documentary crimes that can be committed by forging a signature are divided into two categories.
The first category refers to the creation of a false official document for the purpose of its use, regardless of the reason for which this will occur.
IMPORTANT! This document is official and must be drawn up by an official within the scope of his or her powers, and this activity must always be carried out in accordance with a specially established procedure. A crime is committed when such a document is drawn up but the signature is not that of the official who has the right to draw it up.
Penalties and protection
Insofar as the creation of a false official document for the purpose of use by forging the signature of an official does not yet significantly affect public relations, which are subject to protection from such criminal offences, the penalty is relatively low, namely imprisonment for up to three years.
The severity of the punishment thus determined leads to the conclusion that with proper and professional defense by an experienced criminal lawyer, the following more favorable outcomes for the perpetrator can be achieved in the event of a conviction, depending on the specifics of the particular case:
- exemption from criminal liability with the imposition of an administrative penalty – “fine”;
- replacement of the imposed sentence of “imprisonment” with probation;
- postponement of the execution of the imposed punishment “deprivation of liberty” for a term of three to five years /suspended sentence/.
The punishment is significantly more severe when it comes to forging signatures on certificates of inheritance or civil status documents, notarial deeds or notarial certifications, Bulgarian or foreign identity documents, documents certifying completed education or acquired qualifications, driving licenses, vehicle registration certificates, visa stickers, other documents certifying the transfer or establishment of ownership or other property rights, legal capacity, personal or registration data. In this case, the penalty is imprisonment for up to eight years.
The severity of the punishment thus determined leads to the conclusion that with proper and professional defense by an experienced criminal lawyer, the following more favorable outcomes for the perpetrator can be achieved in the event of a conviction, depending on the specifics of the particular case:
- replacement of the imposed sentence of “imprisonment” with probation;
- postponement of the execution of the imposed punishment “deprivation of liberty” for a term of three to five years /suspended sentence/.
It is possible that a signature on an official document has been forged for the purpose of obtaining financial gain, for example a sum of money. In this case, the punishment is “imprisonment” for up to ten years, and with regard to the possible more favorable outcomes that may be achieved when a conviction is handed down, the above applies to the forgery of an official’s signature on a certificate of inheritance.
The law also provides for the possibility of imposing a lighter penalty than that provided for in normal cases. Thus, minor cases are subject to lighter penalties.
” A minor case” exists when the forgery of an official’s signature on an official document has not led to harmful consequences or, if such consequences have occurred, they are clearly insignificant compared to ordinary cases of this crime. When to apply the lighter penalty is a matter of judgment for each specific case after a detailed examination of the facts and circumstances of the case.
Falsification of signature in private document
The second category of document crimes relates to the forgery of a signature on a private document and its use to prove that a right or obligation, or a legal relationship, exists or does not exist, or has been terminated or amended.
IMPORTANT! A private document may be drawn up by anyone who, at the time of performing this action, does not have the status of an “official.” Accordingly, a crime will be committed when the signature of any person is forged on any document. Unlike the forgery of a signature in an official document, for a crime to be committed, it is not sufficient for the forgery to have been carried out with the intention of using the document. When it comes to forging a signature in a private document, it is necessary for the use to have actually taken place and for it to have been for a specific purpose defined by law – for example, to prove that X has undertaken to pay Y a certain amount of money within a specific period.
Penalties and protection
In this case, the law provides for punishment “deprivation of liberty” for a term of up to two years.
The severity of the punishment thus determined leads to the conclusion that with proper and professional defense by an experienced criminal lawyer, the following more favorable outcomes for the perpetrator can be achieved in the event of a conviction, depending on the specifics of the particular case:
- exemption from criminal liability with the imposition of an administrative penalty – “fine”;
- replacement of the imposed sentence of “imprisonment” with probation;
- postponement of the execution of the imposed punishment “deprivation of liberty” for a term of three to five years /suspended sentence/.
Finally, it should be noted that the person who has been the victim of the crime has the right to file a complaint for forgery of signature.
When altering documents, i.e. when a4> unlawful alteration of their content the law provides for the same penalties.
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More interesting topics, related to the possibilities for protecting defendants and victims of various types of crimes, can be found in the section “Criminal law”.
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