Discovering a Forger: Forgery under UAE law
What is forgery?
It is the process of making, altering, or imitating things, documents, statistics, or money for the purpose of deception
One of the most dangerous types of counterfeiting is currency counterfeiting and counterfeit currency promotion Consumer products are also considered counterfeit when they are not manufactured or produced by the original manufacturer and are stamped with the company’s logo manufacturer
According to the UAE Federal Criminal Law, forgery alters the truth in any original document, logo, stamp, trademark, cash, check or signature in civil and commercial transactions.
There are two different types of fraud Criminal fraud:
1-Criminal fraud;There must be criminal intent on the part of the person who commits the fraud and is punishable by imprisonment
2-Civil fraud: Civil fraud applies more accurately to cases of bad faith, and the penalties include not only the punishment of the perpetrator, but also the guarantee that the victim is returned to the original state before the forgery occurred, that is, it is reformed. What the accused spoiled
Law No. 10 of 1992, according to Article 1 of the Civil Transactions Law, stipulates the necessity for the plaintiff to prove his right and for the defendant to deny himself the charge, and this is a general legal principle
The law does not deal with emotions or words, but with facts, evidence and documents
To prove official or customary documents
The law also stipulates that official or public papers created by a public official are considered evidence against all disputants, including what is proven unless it was forged by the methods stipulated in the law.
A customary document is a document created by the parties, is evidence between the parties only, but to others it is not evidence, except under certain conditions. For example, an official document may create a right to property and a customary document may only create a right to property.
The basic principle of evidence is that a customary document is deemed to have been issued by those who signed it, unless he expressly denies his handwriting, signature, seal or fingerprints. However, if he accepts the document in court or responds to it without any objection or relies on this document in court and acknowledges its authenticity, he will be deemed to have accepted the authenticity of the document or he cannot deny the authenticity of the document.
In addition, if there is any fraud he has the right to appeal. document forgery
If the opponent declares the authenticity of the stamps used in the customary document. But he denied persuasion, it uses the right to challenge the forgery
It is necessary to note that the generic and unofficial origin of the customary document is sufficient to merely deny the exclusion of the effect of the customary document, but it may not be sufficient in all or some cases. In such cases, the challenge of denying the forgery of this forged document is necessary and must. One has to prove his forgery in the documents
First: Definition of forgery in documents
Forgery is defined under Article 216 of the Federal Penal Code No. 3 of 1987
Forging a document is changing the truth in it in one of the ways shown below, after a change that would cause damage and with the intention of using it as a valid document.
1.And one of the methods of forgery is introducing a change to an existing editor, whether by addition or deletion, or Changing the writing of the edited text, numbers, signs, or pictures in or on it
2.Placing a forged signature or stamp or changing the signature, stamp or fingerprint 3.It is valid to obtain by surprise or fraud the signature, stamp, or fingerprint of a person without knowledge of the contents of the document or without consent. true to what it says
4.Forging or imitating an editor and attributing it to others
5.Filling out a blank signed, stamped or imprinted paper without The consent of the owner of the signature, seal or fingerprint.
6.Impersonation or replacement of identity in a document prepared to prove it
7.Distortion of the truth in an editor when editing it in what was prepared to prove it.
So we can conclude that there are two types of forgery, which are material forgery and moral forgery. Physical forgery: It is said that physical forgery is done when a material change is made in the document by the forger who can be perceived by the senses like the eyes, whether it is an addition, deletion, or modification in the existing original document or By creating a new document
Moral forgery: It is said that moral forgery takes place when the forger creates a change in the meaning, content and circumstances at the time of editing, but not in a material or formal form, such as editing articles or statements other than those issued by the contracting parties. For example: a person impersonating another person in the contract or an employee throwing statements about a person in a document contrary to what he said or implying that he took bribes or money when he did not receive any money
For example: A girl named Reem pretends to be Sarah and impersonates her real data, and uses them to achieve gains, and she may verbally impersonate Sarah
And if she signed documents as Sarah, then this is material forgery.
Physical forgery is easy to prove. As for moral forgery, it may be difficult to prove.
Any material and moral forgery committed by the forger, whether used or not used by the forger, can be attributed to the person who Create documents
The forged document and everything related to it shall be revoked as soon as it is discovered to be forged
The courts have considered that “the criminal intent in the crime of forgery is achieved.” With the intent of changing the truth in a document
This article will now proceed to discuss issues involving .
Denial of allegations of fraud and difficult claims based on fraud
Pursuant to the provisions of Articles 11 and 23 (1) of the Evidence Law
When the document is customary, the accused of forgery can deny it and can challenge the forgery.
While the appeal is written, stamped, signed, or fingerprinted
The plaintiff challenges the validity of the document, while the defendant maintains its validity according to Articles 11 and 23
And on November 19, 2012, the ruling of Appeal No. 93 of 2012 issued by the Court of Cassation that the person who denies what is attributed to him by signing an authentic document, the other party must prove the signed document, that is, the party seeking to Reliance on this document must be proven correctness
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