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November 12, 2020
The criminal act of forgery has often been glamorized in movies and crime series as a huge corporate crime. Nevertheless, charges of forgery are extremely complex and require significant evidence from both parties (that is the prosecutor and the defendant) to prove the existence and non-existence of the crime. Considering the complexities of this crime, it is inevitable for the defendant to consult the Best Criminal Lawyers in Dubai, who have significant experience in defending clients in the crime of forgery.
It's imperative to be completely genuine with your Criminal lawyer about the incident and your role in it. Only once you have provided all the information, can your legal advisor start assembling a viable strategy for your safety. Any failure to provide relevant information regarding your involvement in the crime could later lead to a self-destruction strategy. Therefore, complete honesty with your lawyer is paramount.
Forgery is a crime where an individual uses a bogus document, mark, signature, seal or mirrors something of significant worth to deceive another person through deception or fraud, to use such document, mark, signature or seal as a genuine document.
Article 251 of the UAE Penal Code (Federal Decree-Law No. 31 of 2021) states the following for the forgery of documents:
“The forgery of a document means any alteration of the truth in any of the methods indicated below, and which may cause harm with the intention to use it as a genuine document.
The following actions shall be considered as ways of forgery:
1. Alteration of an existing document, either by removing or changing the writing of the document, or the numbers, the marks, or pictures included in or on the document.
2. Placement of a forged signature or seal or by altering a genuine signature, seal, or fingerprint.
3. Taking by surprise or by fraud the signature, seal, or fingerprint of a period without being aware of the content of the document or without valid consent.
4. Creation of a fake document or an imitation of a document and ascribing it to a third party.
5. Filling a blank paper containing a signature, a seal, or a fingerprint, without the approval of the person to whom the signature, seal, or fingerprint belongs.
6. False impersonation or changing the identity in a document intended for such purpose.
7. Alteration of the truth in a document intended as a proof, immediately upon preparation.”
The individual that carries out forgery may also face charges for misrepresentation or fraud. Most forged documents include contracts, cards for ID, lawful testaments or other documents that have value. The State may also accuse an individual of fraud, robbery, or forgery.
The crime of forgery generally happens by creating a fake or fraudulent document. However, in the event the crime of forgery is not completed, the court may not consider the crime as a forgery. Nevertheless, the court may still consider the intention to commit such crime as a crime itself and may frame charges against the accused as per the UAE Criminal Law.
The second defence the Criminal Lawyers of Dubai often use is regarding the intention to commit such a crime. In the crime of forgery, the intention to deceive or commit forgery is important and the absence of such intent may not lead to the crime of forgery. Any individual may copy the work of the other and still not commit forgery as he had no intention to use it as an original by deception for selling to others or use it in a manner that deceives the other party regarding its originality. It is pertinent for any individual facing the charges of forgery in UAE to appoint the Top Criminal Lawyer of Dubai to submit relevant defence in the court against the crime. The main agenda of any criminal advocate is to ensure the safety of the defendant by providing strong legal arguments and adequate documents to prove his innocence before relevant court authorities.