Forgery in Official Documents: Legal Perspectives

Forgery in official documents occurs when a person:

• Creates a fake official document,
• Alters a genuine document in a deceptive way,
• Uses a fake official document.

Under Article 204/1 of the Turkish Penal Code, such offenses are punishable by two to five years of imprisonment.

When committed by a public official, forgery in official documents carries heavier penalties:

• If the public official, who has the authority to issue documents, creates or alters a document deceptively, they may be sentenced to three to eight years of imprisonment (TCK 204/2).
• If a non-official participates in forgery committed by a public official, they are also prosecuted under Article 204/2.

The following situations constitute aggravating factors:

• The forged document has a legal presumption of validity,
• Documents are created to appear as if processed by customs authorities,
• Multiple uses of the same forged document.

The Court of Cassation evaluates forgery based on the nature of the document, its deceptive capability, and whether it is recognizable upon initial inspection. Unintentional use of a fake document does not constitute a crime. If the forged document is used in the commission of another offense, the offender will be penalized for both crimes.

Examples include forgery in customs documents, identity cards, and applications using fake documents. The court considers whether the offender acted with the intent to cause damage.

The penalties for forgery in official documents aim to protect public safety and maintain state authority. Such offenses undermine public trust and are addressed rigorously in the legal system.

This article is written by Av. Hüseyin Bayar and belongs to Bayar Hukuk Bürosu. It cannot be copied or reproduced without permission.