Forgery of private documents

Legal defence in cases involving forgery of private documents

The offence of forgery of private documents (Article 322 of the Criminal Code) consists of falsifying a private document by counterfeiting, alteration or recording untrue circumstances, necessarily accompanied by use of the document or entrusting it for use to produce a legal consequence. The penalty is imprisonment from 6 months to 3 years or a fine, and attempts are also punishable. Involving a criminal defence lawyer is essential for correct legal classification, particularly in light of the High Court of Cassation and Justice’s Preliminary Ruling No. 3/2020, which establishes that falsifying and using a private document to obtain European funds unlawfully gives rise to separate concurrent offences under Article 322 of the Criminal Code and the corruption offence in Article 18¹ of Law No. 78/2000.

Concurrent offences, absorption into tax evasion and defence strategies

The central element in handling this offence is analysis of the relationship between the forged document and the ultimate purpose, as clarified by binding Supreme Court judgments. Under the High Court’s Appeal in the Interests of the Law Decision No. 21/2017, if invoices or receipts were forged exclusively to evade tax obligations by recording fictitious transactions, the act is absorbed into the composite offence of tax evasion under Article 9 of Law No. 241/2005, excluding concurrent private-document forgery. The defence strategy focuses on challenging handwriting expert reports, showing that the document was not actually used in legal dealings or establishing absence of fraudulent intent and good faith, seeking discontinuance or acquittal.

Urgent legal assistance in Focșani and Vrancea county

Signing a commercial contract on behalf of an absent partner, inaccurately completing expense claims or using invoices considered suspicious by ANAF or anti-fraud inspectors can quickly generate a complex criminal case, potentially involving joint and several liability for major losses and criminal convictions. Basuc Cosmin Law Office in Focșani provides comprehensive, highly confidential legal assistance, protecting your procedural rights before all prosecution and police structures in Vrancea County. We provide urgent assistance during seizure of accounting documents, interviews and trial before Focșani District Court or Vrancea Tribunal, working firmly to rebut allegations and preserve your freedom.