What is the risk of forgery and use of forgery?

False

The offense of forgery is one of the following:

• Make a document completely false (a false pay slip, a false diploma, a false passport, a false sick leave, a false one RESUME: titleContent, a fake holographic testament...).
• Intentionally edit a document (for example, increase his salary on his payslip or the number of days on sick leave). The document was not originally a forgery, but it was amended in a way that was not true.
• Make a false signature or imitate a signature.

The forgery can be committed on a writing or another medium (modification of a photo, an audio or video recording...).

The perpetrator must be aware of the falsity of the document and the harm that may result therefrom.

The document must have the purpose of obtaining a right or to prove a fact having legal consequences.

Use of forgery

There's an offense ofuse of forgery when a forged document is used to obtain a right or to prove a fact. For example, produce in court a false certificate obtained by a person who was not present on the day of the facts or present for signature a false promise of sale established by assembly by photocopy of another act.

The use of forgery is punishable even if the perpetrator did not fabricate the forgery in question.

The same person can commit these 2 infringements next, we are talking about forgery and use of forgery.

Sanctions

The offense of forgery or use of forgery is punishable by 3 years in prison and €45,000 of a fine.

If the false document is a document usually issued by an administration (identity card, passport, Vitale card...), the penalties are 5 years in prison and €75,000 of a fine.

Forgery or the use of forgery shall be punishable by 7 years in prison and €100,000 fine if accompanied by one the following aggravating circumstances:

• It is committed by a depositary of public authority (mayor of a municipality) or in charge of a public service mission acting within the scope of his duties (official)
• It is committed in the usual way
• It is committed for the purpose of facilitating the commission of a crime or to provide impunity for its perpetrator

The person who makes and uses false documents (forgery and forgery) shall incur the same penalties.

The perpetrator may also be sentenced to additional sanctions and the payment of damages (reimbursement of benefits...).

The attempted forgery and use of forgery shall be punished by the same penalties.

We talk about forgery in public writing when the corrupted document is an authentic instrument or a public document for example:

• Judicial records (court decisions, minutes, expert report...)
• Tax records (collection registers, tax stamps...)
• Deeds of civil status
• Acts drawn up by public officers (report of findings, deed of sale, etc.) (notaries, commissioners of justice...).

The perpetrator knows perfectly well that the document is a forgery. For example, he fabricated an entirely false document, falsely signed it or made false statements on a document.

The document must have the purpose of obtaining a right or proving certain facts with legal consequences (receive a sum of money, inherit an estate...).

The offense of forgery or use of forgery is punishable by 10 years in prison and €150,000 of a fine.

The perpetrator may also be sentenced to additional sanctions and the payment of damages.

The penalties shall be increased to 15 years in prison and to €225,000 fine if the perpetrator of the forgery is a person depositary of public authority or entrusted with a public service mission.

The attempt forgery and the use of forgery shall also be punished by the same penalties.

The simple possession of false documents of a public administration without making use of them for a process is a offense. For example, hold a fake passport, a fake certificate of french nationality, a fake hunting license, a fake one.

Holding a false document is punishable by 2 years in prison and €30,000 of a fine.

The detention of several false documents is punishable by 5 years in prison and €75,000 of a fine.

The perpetrator also risks additional sanctions.

The offense of false attestation is the fact to state in writing facts that are known to be inaccurate. This is the case, for example, when we certify that we are hosting someone to provide them with a false proof of residence while they live elsewhere.

The false attestation must be made for a third party beneficiary. Making a false statement for oneself, such as a declaration of honor, is not considered a forgery offense but rather a case of scam or tax fraud.

The fact of falsify an attestation or to make use of it is also punished.

Using or making out a false certificate is punishable by1 year in prison and €15,000 of a fine.

If the false attestation is detrimental to the assets of others or to the public treasury (except in cases of tax fraud), the maximum penalties shall be increased to 3 years in prison and to €45,000 of a fine.

The maximum penalties are increased to 3 years in prison and €45,000 fine, if the false certificate is made out with a view to:

• Harm the assets of others or the Treasury
• Get a residence permit or the benefit of protection against removal.