The penalty is increased to 5 years imprisonment and 75,000 dollars fine when the forgery concerns a document issued by a public administration whose purpose is to establish a right, an identity, a quality or grant an authorization.
The penalty of 7 years imprisonment and 100,000 dollars to the forger of the quality of depositary of the public authority or charged with a public service mission and acting in the exercise of its functions. This is also the case when the forgery is habitually committed, or when it is committed with the intention of facilitating the commission of a crime or of providing immunity to the perpetrator. When you go for the Transperfect Delaware then it is for sure that you will be having the perfect bit.
- The penalty is 10 years imprisonment and 150,000 dollars fine.
- When the forgery is committed in a public or authentic writing or in a recording ordered by the public authority.
Concerning this type of forgery, the penalty can reach 15 years of imprisonment and 250.000 euro of fine when the false falls of person depositary of the public authority or charged with a mission of public service acting in the exercise of its functions or his mission. In the latter case, the crime becomes a crime.
Complementary Penalties For Forgery :
These penalties sometimes come with so-called complementary penalties such as
- the prohibition of civil, civil or family rights, the prohibition of
- a public service or an activity of a professional or social nature,
- Exclusion from public procurement, confiscation of the thing that served or was intended to commit the offense, or confiscation of the thing that is the product of the offense, as stated in Article 441-10 of the Penal Code .
If the offender is a foreign national, inadmissibility may be granted, either permanently or for a maximum of 10 years, under section 441-11 of the Penal Code.
Sanctions Applicable To Legal Persons, Forgery And Use Of Forgery :
- Legal persons can also be accused of forgery.
- Article 441-12 of the Penal Code sets out the various penalties incurred by them (because they differ from those applicable to natural persons).
It may be a fine but also accessory penalties applicable specifically to the legal persons, punishments set out in article 131-39 of the Penal Code, inter alia a series of prohibitions, including the prohibition of the direct or indirect exercise of one or more professional or social activities on a permanent basis or for a period not exceeding five years.
- A) The prescription in the forgery and use of false
It is necessary to distinguish the prescription of the public action, which prevents the prosecution to prosecute the offense once the time has elapsed, and the prescription of the sentence, which prevents the execution of the sentence.
- The fake turns out to be an “instant” crime.
- This means that the limitation period begins to run from the day of the alteration of the truth.
- As regards the prescription of the sentence, it intervenes after a period of 6 years,
Under Article 133-3 of the Penal Code
The period begins to run from the date on which the decision to convict became final, i.e. from the date on which it was no longer possible to appeal against that decision.