Criminal Law
Forgery
Criminal Law
Forgery
Forgery is a serious criminal act that involves the manipulation or creation of a fake document or the alteration of a real document to pass it off as genuine. In a serious case, such an offence could land you in jail for a maximum sentence of ten to fourteen years. This is apart from the loss of your reputation and damage to your professional and personal life due to the permanent criminal record. This is why you need to engage the services of an experienced criminal defence lawyer from the very beginning to clear your name. At Nanda & Associate Lawyers, our criminal defence lawyers have been helping clients fight the charges laid against them for the last two decades.
What constitutes a forgery offence?
Section 366 of the Criminal Code of Canada defines forgery as the creation of a fake document or altering a real document, such as adding or removing its contents, and passing it off as genuine to someone to obtain financial or other illegal gains. Such criminal offences can take various forms, such as signature fraud on cheques, altering contracts, changing the provisions of a Will, and modifying the contents of medical records or insurance documents.
What are the different types of forgery charges?
The Criminal Code of Canada, under various sections, covers different types of forgery and forgery-related offences. These are as follows.
Circulation or possession of a forged document (Section 366):
Creation, manipulation, or distribution of fake documents and passing them off as genuine for financial gain.
Forgery tools (Section 368.1):
Not just the forgery of documents, even the creation, repair, and distribution of tools for committing forgery is a criminal offence under the Criminal Code of Canada.
Exchequer bills, public seals, etc. (Section 369):
Creation, duplication, and distribution of exchequer bill paper and seals used by the Canadian government, provinces, courts, or other such public entities is a forgery-related offence, attracting strict penalties under the Criminal Code.
Counterfeiting marks (Section 376(2)):
Marks here refer to the symbols and emblems used to certify documents indicating compliance with the laws and regulations used by the Canadian government, provinces, commissions, and agencies. Faking or manipulating them for any illegal gain is also a criminal offence.
What are the legal penalties for forgery?
As a hybrid offence, the Crown has the discretion to choose one of two available options, either a summary conviction or an indictable offence, to pursue the charges against the accused. The penalties will be harsher in an indictable offence, and the Crown will pursue this option in case of serious forgery offences.
- Summary conviction: A maximum legal penalty of a prison sentence of up to 2 years less a day and a possible fine of $5,000.
- Indictable offence: A maximum legal penalty of a prison sentence of up to 14 years in case of serious offences involving forgery instruments.
How can our criminal defence lawyer help you with your case?
In the event of a forgery charge being laid against you, you must immediately contact our criminal defence lawyer and follow their advice in the case.
- Proving the guilt beyond a reasonable doubt: The Crown must prove in court that the document is indeed a forgery and that you actively played a role in forging the document.
- Intent: The Crown must prove that you did the creation or manipulation of the document with the intention to mislead someone for your own illegal gain.
- Illegal gain: The Crown must prove that the act of forgery benefited you in some way.
As you can see, the burden of proof in such criminal cases is higher than that of a civil case.
If you are dealing with such serious criminal charges, such as forgery or any of the forgery-related offences, feel free to get in touch with our criminal defence lawyers for legal counsel and assistance.
Frequently Asked Questions
What is a hybrid offence?
A hybrid offence is any criminal offence under the Criminal Code of Canada that can be tried either as a summary conviction or as an indictable offence. It is up to the Crown to pursue one of the options depending on the nature of the offence, the criminal history of the accused, and the additional offences committed, such as any act of violence.
What is the maximum legal penalty for a forgery conviction in Canada?
Forgery is a serious criminal offence under section 366 of the Criminal Code of Canada. As mentioned above, being a hybrid offence, the Crown may choose to pursue the less severe summary conviction option in case of minor forgery offences, leading to shorter prison sentences and fines. When tried as an indictable offence, the maximum legal penalty for a forgery conviction is a fourteen-year prison sentence. As you can see, the stakes are indeed high in such a case. Do not hesitate to reach out to our criminal defence lawyers the moment the charges are laid against you.
What is exchequer bill paper?
Exchequer bill paper refers to the special kind of paper used to make currency notes. The manufacture, distribution, or possession of the exchequer bill paper is a criminal offence under Section 369 of the Criminal Code of Canada.
What are some of the most commonly forged documents?
Some of the commonly forged documents are the following.
- Forging someone’s signature on a cheque.
- Forging the signature of a doctor on a fake prescription for drugs.
- Creating fake certificates of birth, death, or marriage.
- Faking or falsely amending the final Will and Testament of a dead relative.
- Forging identity documents such as a driver’s license or passport.
- Forging insurance or medical documents when filing an insurance claim.
- Forging the artist’s signature on an artwork.
Forgery is an offence that is seen across different fields and at various levels.
What is the difference between forgery and counterfeiting?
Both counterfeiting and forgery involve deceit and the creation or manipulation of fake items and passing them off as genuine for monetary gain. Both offences are punishable under the Criminal Code of Canada. While both these criminal offences sound similar, they are not the same. The main differences between them are the following.
- Focus: Counterfeiting involves the creation of fake physical objects, such as money, electronic items, or consumer goods, often on a large scale. Forgery involves the creation of fake documents and passing them off as genuine for illegal gains.
- Intent: Counterfeiting involves passing off a fake object in place of the original to gain the monetary value of the original. Financial gain is almost always the main intent behind counterfeiting. On the other hand, forgery involves the creation of a fake document, which will serve as the means for achieving an illegal objective. In most cases, the accused is not after the monetary value of the document; rather, they are more interested in what the document will allow them to do. For example, a passport is forged in order to facilitate the escape of someone who is otherwise not allowed to leave the country. A Will is forged to gain access to the deceased relative’s property.
If you are falsely accused of any of these serious criminal offences, reach out to our criminal defence lawyers immediately for help and legal counsel.
What is the offence of uttering a forged document?
Uttering a forged document is a specific criminal offence described under section 368 of the Criminal Code of Canada. It involves the active use, transfer, and promotion of a forged document and passing it off as genuine. In other words, it goes well beyond the mere possession of the document. For example, using a forged cheque for a transaction will fall under the category of uttering a forged document. It is a hybrid offence.
- Summary conviction: A maximum legal penalty of a prison sentence of up to 2 years less a day and a possible fine of $5,000.
- Indictable offence: A maximum legal penalty of a prison sentence of up to 10 years in serious cases.
If you are facing charges of uttering a forged document, get in touch with our criminal defence lawyers immediately for guidance and assistance.
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