Citizens who try to falsify official documents in order to obtain any rights with their help or, conversely, to get rid of unwanted duties, violate the law by their actions. As soon as such acts are revealed, they will have to answer before the law and society under art. 327 of the Criminal Code.
Description of the subject of crime
In life, it often happens that only official paper separates a person from achieving the desired goal. Having the necessary document in hand, he will be able to get what he might have been striving for for many years. How to be in this situation? Some decide to step aside and calm down, leaving everything to decide fate. Others go to any trick to get what they want. Often such actions then have to be disassembled in court using Art. 327 of the Criminal Code.
To deal with such a problem, you must first clearly understand what kind of documents can be discussed. Firstly, this refers not only to any official papers, but precisely those that give a certain freedom of action, that is, expand the range of rights. With their help, a citizen has additional opportunities without legal grounds. Secondly, such papers may also exempt from certain obligations to society. Any of these cases falls under Art. 327 of the Criminal Code. As you know, the subject of the crime may be not only documents. This also includes various forms, seals and stamps. Sometimes even the most serious paper is worth nothing without them. Hence, such situations should also be considered using Art. 327 of the Criminal Code.
Case details
Question falsification of documents must be considered in the circumstances of the case. That is why article 327 of the Criminal Code is divided into three parts. The first concerns things that, at the time of their use, as they say, "open new horizons." For example, a citizen made a fake certificate of a police officer and using it uses public transport without paying for travel. The situation can be more serious when a person forges a passport or company seal, and then draws up a loan from a bank for them. Here the amount of damage will be higher.
In addition, this article also includes cases where the violator prepares documents, but does not use them, but sells them for a certain monetary reward. In this case, there is also a corpus delicti, since, firstly, it creates the conditions for committing such a violation to another citizen, and secondly, receives payment for it. Sometimes, forging one document, a person tries to hide another crime committed by him earlier with his help. These circumstances are already parsed by the second part of this article. The third part considers the option when a citizen knows in advance that he is not using this document. This act is already considered as a deliberate act.
Possible consequences
What threatens such citizens with falsification of documents? Article 327 of the Criminal Code of the Russian Federation provides in this case the following types of punishment:
- In the first part, the result of such actions may be arrest for up to six months, as well as forced labor, restriction or complete imprisonment for no more than 2 years. This measure is used more for educational purposes. With its help, the court wants to indicate to the violator his mistake in the hope that he will draw the necessary conclusions.
- The second part, in fact, is a double crime. Therefore, the punishment for it will be more severe. It may consist of forced labor or imprisonment. The term in this case has been increased to four years.There is already something to think about.
- The last part emphasizes the intent that was present at the time the crime was committed. That is, the person understood the possible consequences and still took risks. Such “courage” and intent can lead to a fine, the amount of which will be from 80,000 to all types of income that he receives for six months. In addition, the court may order compulsory work for no more than 480 hours or correctional work for 2 years. Arrest is also possible, the term of which will not exceed six months.
Someone may decide that the punishments are not too severe. But this is only a first impression. There are times when, after the first punishment, a person decides to forever abandon such acts.
