Criminal Liability of the Notary for Forgery Crimes in Iraqi and Syrian Law

Abstract

All criminal legislations in Iraq and Syria address the regulation of the notary public with the aim of protecting the public office and preserving its integrity from all forms of abuse, preventing its exploitation in ways that may harm the public interest, and criminalizing all acts that violate its duties. The purpose of this regulation is to serve the public good, not to achieve personal benefit or illicit enrichment at the expense of others. The criminal liability of the notary public arises when he commits an act that violates the duties of his office, whether intentionally or through negligence. A notary public may deviate from the proper course of his function by seeking personal benefits for himself or others, thereby causing harm to the interests of the state or individuals. Forgery is considered one of the most widespread crimes in this field, as some notaries rely on justifications such as lack of expertise in detecting forged documents or adherence to decisions like those of the State Shure Council, which exempt them from responsibility for the authenticity of documents submitted to them.

Nevertheless, the Iraqi Notary Public Law No. (33) of 1998 clearly stipulates the obligation to verify the authenticity of documents and ensure that they are free from manipulation or forgery. This requirement imposes an additional legal burden on the notary public to guarantee the integrity of the documents handled. The Iraqi legislator regulated forgery crimes in the Penal Code No. (111) of 1969, as amended, where Article (287) punishes with imprisonment anyone who commits forgery in an official document, with the penalty being aggravated if the offender is a public employee or entrusted with a public service. Article (289) considers forgery committed by an employee competent to prepare or preserve documents—such as a notary public or those in a similar position—as an aggravating circumstance. Similarly, the Syrian Notary Public Law No. (15) Of 2024 regulates the work of notaries public in Syria, defining the conditions of appointment and powers. The notary public is an official employee entrusted with drafting contracts and powers of attorney, authenticating documents, and verifying the identity and legal capacity of the parties. The documents he prepares are considered official instruments with legal force under judicial supervision, and specific fees are imposed on his transactions. Consuls may also perform these duties outside Syria. The Syrian Penal Code regulates forgery crimes in Article (444), which provides for temporary hard labor if forgery occurs in an official document, while Article (447) aggravates the penalty if the perpetrator is a public employee competent to prepare the document.