Comment to article 325. Forgery, manufacture or sale of forged documents, stamps, seals, letterheads, state awards of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Forgery of a certificate or other official document granting rights or relieving of duties, or the sale of such a document, as well as the manufacture or sale of forged stamps, seals, letterheads, state awards of the Republic of Kazakhstan or the USSR —
are punishable by restriction of liberty for a term of up to three years, or by arrest for a term of three to six months, or by imprisonment for a term of up to two years.
2. The same acts committed repeatedly or by a group of persons by prior agreement, —
are punishable by imprisonment for a term of up to four years.
3. Using a deliberately forged document —
is punishable by a fine in the amount of one hundred to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of one to five months, or by community service for a period of one hundred and eighty to two hundred and forty hours, or correctional labor for up to one year, or arrest for up to six months.
The public danger of these criminal attacks lies in the fact that, for example, forged documents that distort actual events and facts are often put into circulation. They do not allow government agencies, other organizations, and institutions to correctly judge the real rights and interests of citizens, lead to incorrect decisions, and allow antisocial elements to illegally free themselves from any duties or, conversely, acquire them. The public danger of these crimes is also due to the fact that such "documents" serve as a means of committing or concealing other crimes, in particular, theft of other people's property.
The object of the crime provided for in Article 325 of the Criminal Code of the Republic of Kazakhstan is the normal activities of management bodies for the manufacture, use and circulation of management items.
The direct object of these crimes should be considered the established procedure for documenting facts of legal significance.
The subject of the crime in Part 1 of Article 325 provides for certificates and other official documents issued by a state, public or commercial enterprise, institution, organization, association. In this case, the subject of forgery can only be a document that grants rights and releases from duties (identity cards, educational documents, etc.). If the forgery did not grant the owner any rights and did not release him from any duties, i.e. If it did not entail any changes in his legal status, then what he had done does not fall under the signs of a crime under art. 325 of the Criminal Code.
A certificate is a type of official document issued by the relevant state and non–state bodies, containing information about the owner and certifying the identity of its owner: passport, military ID, driver's license, service ID, and others.
Forms are sheets of paper of a certain shape with a partially printed document test that require filling in variable details. Documents of legal significance are recognized as official documents.
State awards are the highest form of rewarding citizens for outstanding services in economics, science, culture, art, education, defense of the Fatherland, state building, education, protection of health, life and rights of citizens, charitable activities and for other services to the state and the people (the Law of the Republic of Kazakhstan "On State Awards of the Republic of Kazakhstan").
A stamp is a printed form (cliche) with a written text that contains information about the name of an organization, institution, its location, date of dispatch of the document, etc. The stamp is used to obtain an impression, which is usually placed in the upper-left corner of the document.
A seal is a device with a round (or other shaped) convex negative (reverse) image that contains the name of an organization or institution, designed to produce an impression on paper, sealing wax, wax, lead, and other materials. The seal is placed next to the signatures of the officials and certifies the authenticity of the document. The seals with the image of the State Coat of Arms (stamp seals) are of the greatest importance.
The objective side of the crime depends on the subject of the criminal offense and consists in:
1) forgery of an identity card or other official document granting rights or relieving of duties; 2) sale of an identity card or other official document granting rights or relieving of duties; 3) manufacture of forged state awards, stamps, seals, letterheads.
Forgery is expressed in the complete or partial production of a document or the illegal modification of a part of the original document. Changes can be made by correcting, erasing, adding, destroying individual parts of the document, etc.
The production of stamps, seals, letterheads, and state awards involves both the complete illegal manufacture of these items and the falsification of original documents by partially changing their appearance and text.
The sale of these items consists in transferring them to other persons. This includes sale, exchange, donation, etc.
The crime provided for in Part 1 of Article 325 of the Criminal Code should be considered completed from the moment of forgery, manufacture or sale of the items listed in this part.
The subjective side of the crime is characterized by direct intent. Forgery of official documents, as well as the manufacture of state awards, seals, stamps, and letterheads are committed either for the purpose of use by the criminal himself or for the purpose of their subsequent sale. Manufacturing or forgery that does not pursue these goals does not constitute a crime. The subject of the crime in question is a sane individual who has reached the age of 16.
Forgery of a document committed by a person authorized to perform government functions, or by a person equated to him, or by an official using his powers, if they are committed for the purpose of extracting benefits and advantages for himself or other persons and organizations, or harming persons and organizations, should be qualified under art. 314 of the Criminal Code of the Republic of Kazakhstan.
Part 2 of the article in question contains such qualifying features as repetition or commission by a group of persons by prior agreement.
Repetition involves the commission of two or more acts provided for in Part 1 of Article 325 of the Criminal Code by a group of persons by prior agreement, acts are recognized if two or more persons participated in its commission who had previously agreed to commit a crime together.
To qualify a crime under Part 3 of Article 325 of the Criminal Code of the Republic of Kazakhstan, it is necessary for a person to know that the document they are using is forged.
The use of a forged document is understood as the presentation of a deliberately forged document to government agencies, officials, and citizens in order to obtain any rights or release from duties. Upon presentation of such a document, the subject, passing off a fake document as a real one, introduces its contents to certain persons. For example, he will present it to the traffic inspector when checking documents.
The crime provided for in Part 3 of Article 325 of the Criminal Code is considered completed at the time of using the forged document, i.e. when the document is presented or presented, regardless of whether the perpetrator has succeeded in obtaining the desired rights or relieving himself of duties.
On the subjective side, the use of a deliberately forged document can only be committed with direct intent. The very term "knowingness" characterizes the subjective side of the crime: the subject must know for sure about its forgery and fictitiousness before using the document.
A person is not subject to criminal liability under Part 3 of Article 325 of the Criminal Code if he only demonstrates a forged document without the purpose of its use or for the sake of a joke.
If the legislator provides for deception as a method of committing a crime (for example, fraud – Article 177 of the Criminal Code), then the use of forged documents should be considered as a kind of deception. what was done in these cases does not require qualification under Part 3 of Article 325 of the Criminal Code – it is sufficient to qualify under Article 177 of the Criminal Code.
If property damage has been caused to the owner as a result of forgery of an official document by the perpetrator himself, in the absence of signs of theft, additional qualification of the deed is required under art. 182 of the Criminal Code as causing property damage by deception or abuse of trust.
The subject of the crime under Part 3 of Article 325 of the Criminal Code of the Republic of Kazakhstan is a sane individual who has reached the age of 16; however, this person should not forge this document himself. In my opinion, forgery of an official document and its further use should be qualified only under Part 1 of Article 325 of the Criminal Code of the Republic of Kazakhstan.
The commented crime should be distinguished from similar crimes (for example, Articles 147 and 348 of the Criminal Code). Thus, the subject of the crime under Article 147 of the Criminal Code is special types of official documents – electoral documents and referendum documents. The subject of Article 325 of the Criminal Code is much broader.
Falsification of evidence in civil or criminal cases (Article 348 of the Criminal Code) may also result in forgery of documents. But the specificity of the subject here is that these documents are evidence in a civil or criminal case. In addition, falsification is committed by a special entity – the person conducting the inquiry, the investigator, the prosecutor, the specialist, the defender, the persons participating in the civil process.
In the commented article, the subject is general.
Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.
Date of amendment of the act: 08/02/2007 Date of adoption of the act: 08/02/2007 Place of acceptance: NO Authority that adopted the act: 180000000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 167 Status of the act: new Sphere of legal relations: 028000000000 Report form: COMM Legal force: 1900 Language of the Act: rus
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