Home

Crime of Forging Seals and Documents of Agencies and Organizations Without Circumstances Determining Penalties

Object of impact

fake papers

of this crime are fake seals, fake documents,


Determining what is a fake seal, fake document, fake paper in some cases is not difficult, the naked eye can also distinguish. However, there are many cases where criminals forge seals, documents, papers using high-tech methods that are very difficult to detect, requiring appraisal to be able to distinguish whether they are fake or not.

Maybe you are interested!


3. Objective signs of crime

Crime of Forging Seals and Documents of Agencies and Organizations Without Circumstances Determining Penalties


a. Objective behavior


The offender may commit one of two objective acts,

that is:



position;

- Counterfeiting behavior

seal, document or paper

of the body

official, organization


- The act of using fake seals, documents and papers to deceive authorities.

agency, organization or citizen.


On the act of forging seals, documents or papers of agencies and organizations

The function is similar to the crime of producing counterfeit goods stipulated in Article 156 of the Penal Code, except that the "goods" made are not "goods" but seals, documents or papers. Therefore, when determining whether a seal, document or paper of an agency or organization is counterfeit or not, it must be based on whether the seal, document or paper of the agency or organization is a real seal, document or paper. If the agency or organization does not have such a seal, document or paper, the act of making a seal, document or paper cannot be considered an act of counterfeiting, because if it is not real, it is not fake. For example: Do Xuan D and Dinh Van K discussed using a letter of introduction

fake

go have sex

Sign a sales contract

slow then take over the goods

accept return

slow down. After the incident

The case was discovered, the Investigation Agency collected

received a stamp and a set of introduction papers at Do Xuan Dong's house.

named “Sao Mai Limited Liability Company”, but in reality there is no such company. The act of forging seals and letters of introduction by Do Xuan Dong and Dinh Van K is just a fraudulent trick, not an act of forging seals and documents of agencies and organizations because there is no company called “Sao Mai Limited Liability Company”.

When determining the act of forging seals, documents or papers of agencies and organizations, it is necessary to pay attention: If the offender only forges seals, the crime is designated as "forging seals of agencies and organizations". If the offender only forges documents or papers of agencies and organizations, the crime is designated as "forging documents of agencies and organizations" without defining the full crime as prescribed by law. If the offender uses his talent to draw a fake seal on documents and papers, this act is both an act of forging seals and an act of forging documents and is prosecuted for criminal liability for the full crime as prescribed by law.


About historical behavior

use

seals, documents, papers that are intended to deceive the authorities

The act of fraud against an agency, organization or citizen is similar to the act of property appropriation prescribed in Article 139 of the Penal Code, except that the person who commits the act uses the seal, document or paper to deceive the authorities.

agencies, organizations or citizens not with the aim of appropriating property but with the aim of

other purposes such as: using fake diplomas

to apply for a job, to

supplemented

responsibilities, to increase salary, to be able to work abroad; to falsify household registration books to be able to buy houses in the city, to be given land to grow forests...


b. Consequences


Consequences are not a mandatory sign of the basic elements of this crime, that is, the offender only needs to commit the act of forging the seal, document or paper of an agency or organization or use that forged seal, document or paper to deceive the agency, organization or citizen to complete the crime. But consequences are the circumstances that determine the penalty.

Therefore, determining the consequences of acts of counterfeiting seals, documents or

It is very necessary to use fake seals, documents and papers of agencies and organizations to deceive agencies and organizations, because if serious consequences are caused, the offender will be prosecuted for criminal liability according to Point c, Clause 2, Article 267 of the Penal Code; if very serious consequences are caused

or especially serious, the offender will be criminalized under Clause 3, Article 267 of the Penal Code.

hold accountable


c. Other objective signs


In addition to objective behavior, the legislator does not stipulate other objective signs as mandatory signs of criminal composition. However, to determine criminal behavior, it is necessary to study the State's regulations on seals, documents or papers of agencies and organizations. In case

In case of difficulty in identification, a judicial appraisal should be requested to determine whether the seal, document or paper is fake or not.


4. Subjective signs of crime


As with some other crimes, although the law does not stipulate that it is intentional, the offender commits his/her act intentionally, that is, the offender knows that the act of making a seal, document or other papers of an agency or organization is an act of forgery and uses that forged seal, document or paper to deceive the agency, organization or citizen but still commits it, wishes or lets the consequences happen or does not care what the consequences of that act are.


The motive for the crime is not a mandatory sign, but determining the motive of the offender is very important, if out of respect, because

local achievement

then the nature, level

dangerous to society other than

in cases of material gain or personal revenge or other base motive.


B. SPECIFIC CRIMINAL CASES


1. Crime of forging seals and documents of agencies and organizations without circumstances determining the penalty


This is a criminal case stipulated in Clause 1, Article 267 of the Penal Code, which is the basic element of the crime of forging seals and documents of agencies and organizations. Offenders may be fined from five million to fifty million.

million or serious.

imprisonment from

six months to three years sentence, is a lesser crime


When deciding on a penalty, if the offender has many circumstances

mitigate

prescribed in Article 46 of the Code

criminal law, no aggravating circumstances

serious, then the minimum fine (five million) may be imposed.

dong); if there are no mitigating circumstances and no aggravating circumstances

If the crime is serious, the offender may be fined at a high level (fifty million VND) or imprisoned for 6 months to 1 year; if the offender has many aggravating circumstances specified in Article 48 of the Penal Code, without mitigating circumstances or if there are mitigating circumstances but the level of mitigating circumstances is insignificant, the offender may be sentenced to up to 3 years in prison. If the conditions specified in Article 60 of the Penal Code are met, the offender may be given a suspended sentence.

2. Committing crimes under the cases specified in Clause 2, Article 267 of the Penal Code


a. Organized


This crime is similar to the case specified in Point a, Clause 2, Article 266 of the Penal Code, except that: the organized crime in this case is to forge seals, documents or papers of agencies, organizations or use fake seals, documents, papers to deceive agencies, organizations or citizens, not to repair or use certificates and documents of agencies, organizations. Signs of organized crime are specified in Article 20 of the Penal Code.


b. Committing crimes multiple times


This crime is similar to the case prescribed.

at point b clause 2 Article 266 of the Penal Code, the only difference is: Crime

Many times in this case means many times forging seals, documents or papers of agencies, organizations and many times using fake seals, documents and papers to deceive agencies, organizations or citizens.


When determining the case of multiple crimes as prescribed in Point b, Clause 2, Article 267 of the Penal Code, it is important to note: If a seal is forged once, a document is forged once, or a paper is forged once, the offender

not considered to have committed a crime multiple times but only considered to have committed a crime under clause 1

Article 267 of the Penal Code but with full charges.


c. Causing serious consequences


This crime is similar to the case of causing serious consequences prescribed in Clause 1, Article 266 of the Penal Code, but Clause 1, Article 266 of the Penal Code is a sign constituting the crime and the serious consequences caused are due to the act of repairing and using certificates and documents of agencies and organizations, while the case of causing serious consequences prescribed in Point c, Clause 2, Article 267 of the Penal Code is a factor determining the penalty and is caused by the act of forging seals, documents or papers of agencies and organizations or using fake seals, documents or papers to deceive agencies, organizations or citizens.


d. Dangerous recidivism.

According to the provisions of Clause 2, Article 49 of the Penal Code, dangerous recidivism is:


A person who has been convicted of a very serious crime or an especially serious crime, whose criminal record has not been cleared, but commits a very serious crime or an especially serious crime, but for the crime of forging seals, documents or papers of an agency or organization, there is no case of committing a crime.

very serious or especially serious offenses should only be considered as recidivism

dangerous offender in case of recidivism, not yet cleared of criminal record, but commits the crime of forging seals, documents or papers of agencies and organizations.


Committing the crime of forging seals, documents or papers of agencies and organizations in the cases specified in Clause 2 of this Article, the offender may be sentenced to imprisonment from two to five years, which is a serious crime.


If the offender has many mitigating circumstances as prescribed in Article 46 of the Penal Code, no aggravating circumstances, and only commits a crime under one case as prescribed in Clause 2 of the article, Article 47 of the Penal Code may be applied and a sentence of less than two years in prison or a fine may be imposed; if the offender has many aggravating circumstances as prescribed in Article 48 of the Penal Code, no mitigating circumstances or if there are, the level of mitigation is insignificant, and the crime falls under many cases as prescribed in Clause 2 of the article, he or she may be sentenced to five years in prison.


3. Committing crimes under the cases specified in Clause 3, Article 267 of the Penal Code


Clause 3 of the law stipulates two circumstances as factors in determining the penalty, but these two circumstances have different levels of danger to society, which are: "committing a crime with very serious or especially serious consequences".


This crime is similar to the crime specified in Point c, Clause 2, Article 266 of the Penal Code, except that the very serious or especially serious consequences are caused by the act of forging seals, documents or papers of agencies or organizations or using fake seals, documents or papers to deceive agencies, organizations or citizens.

Committing a crime that causes very serious or especially serious consequences, the offender can be sentenced to imprisonment from four to seven years, which is also a serious crime.


If the offender has many mitigating circumstances as prescribed in Article 46 of the Penal Code, no aggravating circumstances, and only commits a crime in one case causing very serious consequences, then Article 47 of the Penal Code may be applied and a sentence of less than four years in prison may be imposed, but not less than two years in prison; if the offender has many aggravating circumstances as prescribed in Article 48 of the Penal Code, no mitigating circumstances or if there are mitigating circumstances, the degree of mitigating circumstances is insignificant, and the crime is in many cases causing particularly serious consequences, then he or she may be sentenced to five years in prison.


4. Additional penalties for offenders


In addition to the main penalty, the offender may also be fined from five million to fifty million dong.

fine from


When applying a fine as an additional penalty to an offender, attention should be paid to:


- Only apply a fine as an additional penalty, when a fine is not applied as the main penalty;


- Offenders may be fined less than 5 million VND but not less than 1 million VND and not more than 50 million VND.


Compared to the crime of forging seals, documents or other papers of agencies and organizations, the legislator does not prescribe an additional penalty of being prohibited from holding a position, practicing a profession or doing certain jobs, although the offender may be a person with a position or authority and taking advantage of that position or authority to commit the crime. However, the trial practice shows that the subject

The perpetrators of this crime are mainly outsiders, so the requirement of

Prevention for people with positions and powers is not set.


12. CRIME OF APPROPRIATION, BUYING, SELLING, DESTROYING SEALS AND DOCUMENTS OF STATE AGENCIES AND SOCIAL ORGANIZATIONS


Article 268. Crime of appropriating, buying, selling, or destroying seals and documents of State agencies and social organizations


1. Anyone who illegally appropriates, buys, sells, or destroys seals or documents of state agencies or social organizations that are not state secrets or work secrets shall be subject to a fine of from one million to ten million dong.

million dong, non-custodial reform for up to two years or imprisonment from up to two years.

three months

2. Committing a crime in one of the following cases shall be punishable by imprisonment from one to five years:

a) Organized;

b) Causing serious consequences;

serious, very serious or special

c) Dangerous recidivism.

3. The offender may also be subject to


fine from one million dong to

five million dong, banned from holding positions, banned from practicing a profession or doing certain jobs from one to five years.


Define:


Similar to the crime of appropriating, buying, selling, and destroying secret State documents stipulated in Article 263 of the Penal Code, the legislator stipulates up to three acts in the same crime, so it is not possible to give a general definition, but can only define each act. (see objective behavior of the crime)


If based only on the act of appropriating, buying, selling, and destroying documents, it is similar to the act of appropriating, buying, selling, and destroying secret documents.

The State stipulates in Article 263 of the Penal Code. The basic difference

Between these two types of crimes is the subject of the crime. If in Article 263 of the Penal Code, the documents that are appropriated, bought, sold, or destroyed are State secret documents, in Article 268 of the Penal Code, the documents that are appropriated, bought, sold, or destroyed are not State secret documents nor are they work secrets, but are documents or other papers of State agencies or social organizations.


Crime of appropriation, trading, destruction of seals, documents or papers

Other acts of State agencies and social organizations have been stipulated in Article 212 of the 1985 Penal Code. Basically, Article 268 of the 1999 Penal Code does not have many amendments and supplements, but only adds a fine as the main penalty, adds the circumstance of "causing very serious or especially serious consequences and dangerous recidivism" as a factor in determining the penalty framework and stipulates additional penalties that the 1985 Penal Code does not stipulate.


A. BASIC SIGNS OF CRIME


Like

As mentioned above, this crime is completely similar.

like

sin

occupy

appropriation, purchase, sale, and destruction of State secret documents as prescribed in Article 263 of the Penal Code. However, for ease of follow-up, we reiterate the basic signs and differences between this crime and the crime prescribed in Article 263 of the Penal Code.


1. Signs belonging to the subject of the crime


The subject of this crime is not a special subject, as long as the person has the capacity to bear criminal responsibility and reaches a certain age as prescribed by the Penal Code, he can become the subject of this crime. However, there are also cases where the offender is a person with a position or authority and takes advantage of his position or authority to appropriate, buy, sell, or destroy seals, documents or other papers of state agencies or social organizations.


According to Article 12 of the Penal Code, only people aged 16 years or older can be the subject of this crime, because neither Clause 1 nor Clause 2 of the law has any case of being a very serious crime.


2. Signs belonging to the object of the crime


This crime is an infringement on the normal functioning of the body.

State agencies, social organizations in the field of State administrative management

State on the safety and integrity of seals of state agencies and social organizations.

document

or other documents


Object of impact

is seal, document, paper

of the body

House

Documents or other papers of state agencies and social organizations that are appropriated, bought, sold, or destroyed must be documents with content that the offender is interested in. For example: Appropriating or destroying construction acceptance certificates in order to evade responsibility.


When determining that seals, documents, and papers have been appropriated, bought, sold, or destroyed,

Note: Seals, documents and papers must be from state agencies.

Comment


Agree Privacy Policy *