What is forgery and forgery use?

Verified 28 December 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

The fake committed by an individual is one offense (e.g., fabricate a fake payslip, a fake witness statement). The fake can also be a crime (for example, making counterfeit currency). In case ofuse of this forgeryHowever, the law punishes him separately, because another person may have fabricated the forgery. As a general rule, the use of forgery is punishable by the same penalties as forgery. The attempt for these 2 offenses is also punished. There are several types of forgeries.

Caution : this page only shows the forgery committed by an individual and not a legal professional.

Facts Concerned

The perpetrator of the forgery willingly modifies a document to change the truth. Forgery is punishable where the forged part may cause actual or potential harm. The false exists even if the goal is not achieved.

This forgery must enable evidence to be obtained of a right or fact with legal consequences.

The forgery is one of the following:

  • Make a completely false document (a fake salary slip, a fake diploma, a fake resume, a fake holographic will...)
  • Modify a document in part (increase his salary on his pay card, modify a medical certificate...). The document is not a forgery at the outset, but inaccurate written statements have been provided.
  • Make a false signature or imitate a signature.

The person who made use of the amended document is liable to punishment even if he is not the author of the forgery or if the forgery is unknown or could not be prosecuted.

It is possible for the same person to commit these two offenses in succession, so we are talking about forgery and forgery. These offenses are offenses. The attempt for these 2 offenses is also punished.

Sanctions

The offense of forgery, like the use of forgery, is punishable by 3 years in prison and €45,000 of fine. These 2 offenses can be punished separately.

Please note

the perpetrator also risks additional penalties. He may also be ordered to pay damages (reimbursement of benefits,...).

Facts Concerned

The offense is punishable when a person makes a statement or certificate stating facts that are incorrect or when he or she voluntarily modifies a statement or certificate that is genuinely true.

The lie must relate to an essential element of the act.

It is a document that contains inaccurate facts and the author's signature.

Whoever gives a sum of money to the author of the false statement to convince him to write it is guilty of complicity.

This forgery may be, for example, one of the following documents:

  • Forged Certificate of Bachelor of Laws Enrollment
  • Witness certificate written by a person indicating violence by a wife against her husband
  • False medical certificate

Sanctions

Use or establish a false certificate, a false certificate is punishable by 1 year in prison and €15,000 of fine.

If the false certificate, the false certificate is detrimental to others or to the public treasury (except in cases of tax fraud), the maximum penalties are increased to 3 years imprisonment and €45,000 of fine.

Please note

the perpetrator also risks additional penalties. He may be ordered to pay damages.

Facts Concerned

The acts punished may be:

  • Carte grise Manufacture of a false document issued by the administration (national identity card, identity document issued by a foreigners consulate, vital card, etc.). The use of forgery is punished and so is the attempt.
  • Possession of a false administrative document (e.g. driving without a driving license using a false license).
  • Providing a false administrative document to a person to establish a right (e.g. professional card), an identity or to grant an authorization (e.g. building permit). The attempt is also punished.
  • False declaration or incomplete declaration to obtain an allowance, benefit, payment or benefit (false declaration to obtain the RSA, family benefits...). The attempt is also punished.
  • Use of an identity document in the name of another person to enter or remain in France or to obtain an administrative advantage (residence permit, for example). The attempt is also punished.

FYI  

if the person is lying on their tax return for tax services, that's a case of tax evasion.

Sanctions

If the false document is a document issued by the administration, the sentences are 5 years in prison and €75,000 of fine.

The mere possession of a false document shall be punished by 2 years' imprisonment and €30,000 of fine. If there are several forgeries, the sentences are 5 years in prison and €75,000 of fine.

The provision of a false administrative document shall be punished by 5 years' imprisonment and €75,000 of fine.

The lying in administrative proceedings shall be punished by two years' imprisonment and €30,000 of fine.

L'use of an identity document in the name of another person to enter or remain in France shall be punished by 5 years' imprisonment and €75,000 of fine. If the acts are committed in a regular manner, the sentences are 7 years in prison and €100,000 of fine.

Please note

the perpetrator is at risk of additional penalties. He may also be ordered to pay damages (e.g. reimbursement of allowances paid by the FCA).

It is possible to distinguish 3 main facts.

Imitation or modification of coins or notes

Imitation or modification of coins and banknotes, which have official value and are recognized as a means of payment in France, is a punishable offense. Imitation doesn't have to be perfect. It is sufficient that the use may be possible, to the detriment of genuine notes or coins.

These offenses are punishable as crimes. They are punished even if they are committed outside France and regardless of the nationality of the perpetrator.

These offenses are punishable by 30 years in prison and €450,000 of fine.

Manufacture of banknotes and coins

The manufacture of coins and banknotes, using authorized materials, but in violation of the conditions laid down by the State, is also punishable.

These offenses are punishable as crimes. They are punished even if they are committed outside France and regardless of the nationality of the perpetrator.

Making counterfeit currency is punishable by 30 years in prison and €450,000 of fine.

Introduction of counterfeit currency

It's the fact of paying for your purchase at a merchant with counterfeit notes of 20 €, 50 €... This offense is a offense.

The introduction of counterfeit money and the attempt shall be punishable by five years' imprisonment and €75,000 of fine.

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