Paylaş: What is Forgery of Private Documents?
Definition and Elements of the Crime
Forgery of private documents, as defined in Article 207 of the Turkish Penal Code, encompasses falsifying a private document, altering a real private document to deceive others, and using it. To establish this offense, it is not sufficient to only falsify the document; it must also be used. The perpetrator aims to achieve a specific goal by creating a fake version of a real document.
Perpetrator and Usage Requirement
The perpetrator of forgery of private documents is the person who either falsifies or uses the document. Usage can be performed by the one who falsified the document or by another person with the perpetrator’s knowledge. If the person falsifying the document is different from the one using it, they must have a mutual intention to commit the crime.
Court Decisions and Deception Capability
According to the Court of Cassation, the document must possess deception capability for the offense of forgery of private documents to be established. There must also be an intention to create and use the forged document. The person using the document knowingly must also act with intent.
Use of Forged Documents in Other Crimes
If a forged private document is used to commit another crime, the perpetrator will be punished for both offenses. If multiple forged documents are created within a short time frame, it is considered a single offense.
This article was written by Attorney Hüseyin Bayar and belongs to Bayar Law Firm. Unauthorized copying is prohibited.
