Forgery and use of forgery lawyer in Bucharest
Are you investigated for forging a document, or for using a document said to be forged?In these files what matters is who drafted the document, what the person using it knew and what legal consequences it produced.
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What situation are you in right now?
Tell me what document is contested and in what context it was used.
You are accused of forging a document
I check who drafted the document, what was altered and whether the change had any legal consequence.
You are accused of using a forged document
Use of forgery requires proof that you knew the document was forged. That is the core of the defense in most of these files.
The signature or the content of a document is contested
A handwriting expert report or a document examination can be decisive. The original documents and comparison samples matter.
The documents are used as evidence in another criminal file
Forgery charges usually accompany an economic accusation. The two must be defended together, because they rest on the same documents.
What I review in a forgery or use of forgery file
- What document is contested and what type of forgery is alleged.
- Who drafted the document and how it reached you.
- Whether the document produced legal consequences.
- What you knew about the origin of the document at the moment you used it.
- The available expert evidence and comparison samples.
- The link with the other charges in the file.
What documents you should send me
Send me the contested document, if you have it, and the order or summons you received.
If you have them, send me:
- the contested document, in original or copy;
- the correspondence showing how you obtained it;
- the criminal complaint or the order in the file;
- the expert report, if one has already been produced;
- the summons.
The difference between forgery and use of forgery
Forgery is the act of creating or altering a document so that it no longer reflects reality.
Use of forgery is the act of using such a document in order to produce legal consequences, and it can be committed by a person who did not take part in the forgery itself.
The types of forgery that can appear in a criminal file
Material forgery of official documents
Falsifying an official document by counterfeiting or altering it, so that it appears genuine.
Intellectual forgery
Recording untrue facts in an official document, committed while drafting it by the person under a duty to certify the truth.
Forgery of private documents
Falsifying a private document, followed by its use or by handing it over to another person for use.
Use of forgery
Using a forged document, whether official or private, in order to produce legal consequences.
Can you be accused of use of forgery if you did not forge the document?
Yes. Use of forgery is a separate offense and concerns the person who uses the document, regardless of who produced it.
That is why the defense focuses on how you obtained the document, what checks you could reasonably make and what you actually knew about its origin.
Do you have to know the document is forged in order to answer for use of forgery?
Yes. The offense requires intention, meaning knowledge that the document is forged at the moment it is used.
Using a document received from a third party, in good faith and without any element indicating a problem, does not meet this requirement. This must be proven by evidence, not merely asserted.
How it is proven that a document is forged
The handwriting expert report
It analyses the signature and the handwriting, by comparison with samples taken in the file.
Document examination
It examines the paper, the ink, the stamps and the traces of alteration, in order to establish whether the document was modified.
Original documents and comparison samples
Without the original, the conclusions of an expert report are limited. I request that the originals be brought into the file where they exist.
Other evidence on the origin of the document
Correspondence, witnesses and electronic records can show who produced the document and how it was circulated.
What happens where the same person forges and uses the document
Where the person who forged the document also uses it, the situation is analysed under the rules on the relationship between the two offenses and on the concurrence of offenses.
The legal classification retained influences the sentencing limits, so it must be discussed from the investigation stage, not only at trial.
The link between forgery and other offenses
Forgery and deception
Where a document is used to mislead a person, the accusation is analysed together with deception in business.
Forgery and tax evasion
Invoices and accounting records considered untrue often generate both a tax accusation and a forgery charge.
Forgery and EU funds fraud
Documents submitted to the financing authority are examined both for the fraud charge and for the forgery charge.
How I build the defense in a forgery or use of forgery file
- I establish who drafted the document and how it reached you.
- I contest the alleged knowledge of the forgery where you acted in good faith.
- I request the original documents and challenge incomplete expert reports.
- I analyse whether the document produced any legal consequence.
- I prepare you for questioning and assist you at every hearing.
Forgery charges rarely stand alone. They are usually part of a broader financial crime file and must be defended as a whole.
Frequently asked questions
What is the difference between forgery and use of forgery?
Forgery is the act of producing or altering the document. Use of forgery is the act of using such a document to produce legal consequences, and it can be committed by a person who did not forge it.Can I be convicted if I did not know the document was forged?
No. Use of forgery requires intention, meaning knowledge that the document was forged at the moment of use. Good faith must be supported by evidence in the file.Is a handwriting expert report necessary?
It is often decisive where the signature is contested. Its conclusions depend on the availability of the original document and of proper comparison samples.What happens if the signature is not mine?
The expert report can establish that. In that case the discussion moves to who produced the document and whether you used it knowing the situation.Can an electronic document be forged?
Yes. Altering electronic data can fall under computer forgery, which is regulated separately from forgery of paper documents.Can forgery and deception coexist in the same file?
Yes. Where a forged document was used to mislead a person, both charges can be retained, and they must be defended together.
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Official resources
- Criminal Code - art. 320 to 323 on forgery and use of forgery. (Legislation)
- Criminal Procedure Code - provisions on expert evidence. (Legislation)