The crime of using forged documents

Abstract

Forgery is changing the truth with the intent to deceive. It is done by making a change by adding, deleting, or modifying something that is originally correct. As for use, it is done by any means by which the document is presented or shown to any official body. It means holding on to or protesting the paper in dealings as if it is valid. It is not sufficient to merely present the forged document unless the offender claims its validity. The forged paper must be shown. It is not sufficient to rely on it without presenting it. Merely expressing a desire to present it to the court to place it among the papers of the case in which it is intended to be relied upon without that being done does not constitute the crime of use. The Iraqi legislator punished the crime of using documents with the penalty prescribed for the crime of forgery, which is by its nature an ongoing crime that does not lapse as a result of the crime of forgery. The crime of using a forged paper does not occur unless it is proven that the person who used it knew that it was forged, and the period of lapse of the lawsuit does not begin except from the date of the ruling that it was forged. The act of use is achieved by simply presenting the document and holding onto it. Any subsequent waiver of the document has no effect on the crime that occurred, and the forged document must be used as evidence; merely presenting it is not sufficient. The use criminalized by law is that which benefits from the forged document. The mere presentation of the document for the purpose of benefiting from it constitutes the use, regardless of whether the intended purpose is achieved. The crime of use is committed against a forged document, and if the document does not have this characteristic, the crime is negated. The crime of using a forged document is an intentional crime that only occurs when there is a general criminal intent. This requires knowledge of the components of the crime, including the forged document. The perpetrator must know that the document is forged and intend to present it and adhere to it as if it were authentic.