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The crime of forgery under UAE Law

Creating, using, altering or possessing of any false document with an intention to commit fraud is considered as an act of forgery. The crime may constitute forging a signature, an official document, any government document or as simple as a cheque. Generally such documents depends vigorously on the capacity to deliver and trade genuine and reliable records. In such regard, forged documents can have genuine and significant negative results on organizations, individuals, and government. Therefore, the act of forgery is considered as a felony in UAE and most other countries. 

Federal Law Number 3 of 1987 in regards to Penal Code characterizes forgery under Article 216 as “changing the original document from its reality in any manner or as referred below to make any harm with the aim utilize the forged document as an original: 

  • To alter a genuine instrument, whether or not by including, or clearing or changing any of its formed parts, numbers, checks or pictures; 
  • To incorrectly sign or put a bogus seal, or to change a genuine mark, seal or etching; 
  • To get by extortion or conning a mark or seal from a person who neglected to peruse the substance of the report; 
  • To make wrongly or duplicate an instrument and attribute it to another person; 
  • To fill a clear paper which is checked, fixed or marked, without the support of the person who has stamped, fixed or engraved it; 
  • To acknowledge the name of another person or to substitute it in an archive which has been orchestrated unequivocally to show the character of such other person; 
  • A material alteration in any composition with a bogus point, forestalling the genuine expectation of the archive to be accomplished.”

The afore-mentioned provision clearly states that the crime of forgery is categorized under two groups that is material and moral forgery. The former forgery is committed when the accused significantly changes the document or makes a material change in the document. Whereas, a moral forgery is when the criminal amends the basic information in the document such as date, topic, conditions etc. 

Fundamentally checking on the points of reference in instances of forgery, the Court of Cassation has decided that the weight of proving the act of forgery is on the complainant to demonstrate the credibility of the document on which he/she was depending, as per the Evidence of Law of UAE. If simply put, the accused if denies the charges of forgery, the complainant shall prove the opposite. 

Having said that, the examination for a forged document can be initiated at any time of the proceedings. The complainant is supposed to submit documentations and evidences confirming the act of forgery committed on such document to prove accused’s guilt. However, if the evidences presented by the complainant is insufficient or if the court is of the opinion that they can further investigate into the matter or the document, the court may refer the document for further investigation to achieve final results. Criminal Lawyers of Dubai has assisted several defendants struggling in the cases of forgery and in the event you find yourself in the similar situation, it is advised to approach Best lawyers of Dubai. 

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