Material forgery of official documents

Legal defence in cases involving material forgery of official documents

Material forgery of official documents (Article 320 of the Criminal Code) involves counterfeiting writing or a signature or altering a document in a manner capable of producing legal effects. The basic form carries 6 months–3 years’ imprisonment. Commission by a public official in the course of duties under paragraph (2) carries one to 5 years and prohibition of certain rights; attempt is punishable. This remains material forgery, not intellectual forgery. Article 321 separately regulates false attestations or omissions when preparing a document.

Alteration of the document, absence of the mental element and defence strategies

Handwriting expert evidence, the original and the document’s workflow allow examination of counterfeiting or alteration. The aggravated form committed by an official in the course of duties remains material forgery. False attestation during preparation requires the distinct analysis of intellectual forgery.
The lawyer checks the document’s official status, capacity to produce legal effects and the person’s contribution. A disputed signature does not by itself establish who forged it. We request relevant evidence and challenge insufficiently substantiated conclusions without presenting expert evidence as the only permitted means of proof.

Urgent legal assistance in Focșani and Vrancea county

Correcting an administrative document, completing an official form later or signing on another person’s behalf with their verbal consent can quickly escalate into a complex criminal case capable of destroying your professional career and endangering your liberty. Basuc Cosmin Law Office in Focșani provides comprehensive, confidential legal assistance, ensuring full protection of your procedural rights. We urgently assist at interviews before criminal investigation bodies in Vrancea County, represent you during collection of documents and formulation of questions for handwriting examinations and provide a rigorous trial defence before Focșani District Court or Vrancea Tribunal, firmly seeking to protect your presumption of innocence.