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СТАТЬЯ 366 УГОЛОВНОГО КОДЕКСА УКРАИНЫ - ДОЛЖНОСТНОЙ ПОДЛОГ

ARTICLE 366 OF THE CRIMINAL CODE OF UKRAINE - OFFICIAL FORGERY

The lawyers of ACB "UIP" on the special on the protection of citizens malfeasance and crimes in the sphere of economy and taxation. In the arsenal of our lawyers successfully completed many of these categories.

The managing partner of the firm lawyer Alexander Eusuitin over 5 years of experience in the Prosecutor's office (investigator and Prosecutor) directly held pre-trial investigation of these types of cases and maintaining the charge thereon in the courts, and 2007, personally provides legal assistance to wrongfully accused of the crimes provided St. 366 criminal code of Ukraine.
Forgery is often additional qualitywise structure of crimes with basic compounds, such as appropriation of property (article 191 of the criminal code), abuse of power or position (article 364 of the criminal code), tax evasion (article 212 of the criminal code), legalization of income obtained by criminal means (article 209 of the criminal code), etc.

So official (official) forgery is the making, issuing officer knowingly false official documents, entering into official documents of obviously false data, another forgery of official documents - such actions if found guilty, the courts are punishable by a fine up to two hundred fifty non-taxable minimum incomes of citizens or restraint of liberty for a term up to three years, with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
The same acts if they have entailed heavy consequences, - are punishable by deprivation of liberty for a term of two to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years with fine from two hundred fifty to seven hundred fifty free minima of incomes of citizens.

REVIEW
1. Mandatory feature of the forgery is the subject of official documents. In order that a particular act was declared by the document and had official status, it must meet certain criteria: 1) the document must contain certain information (data, info, etc.); 2) this information should be recorded in some form (written, digital, iconic), and to have certain details (letterhead, stamp, seal, hologram), which are provided by the law or other normative act; 3) information must be recorded on the appropriate material carrier (paper, diskette, disk, magnetic, cinema, video, film, etc.) with a view to its subsequent storage, use, or distribution; 4) the document must be compiled, certified, issued or distributed in another way by an official on behalf of state bodies, local self-government bodies, public organizations and associations, enterprises, institutions and organizations regardless of ownership; 5) the official according to article. 366 of the criminal code, there is only a document that certifies the facts of legal significance, i.e. those that generate, change or cease a certain relationship.
Official can be acknowledged and documents issued by private persons, provided they are certified by or on behalf of the enterprise, institution or organization authorized officials or received for storage or maintenance (clerical) legal entities.

2. The objective side of forgery is the perversion of truth in an official document committed by an official using his official position. This crime is only in the active behavior of officials, which can be done one of several alternative specified in part 1 St. 366 criminal code of actions: a) amendments to documents of false information; b) other falsification of documents; C) the drafting of untruthful documents; g) issuing false documents.Making documents of false information means the inclusion of information that is fully or partially untrue, to present an official document.

So, in all of these situations the content of this document changes only partially part of the information in it is true and part is false. The form of the document and all its details correspond to the necessary requirements.Other forgery implies a full or partial change of the contents of the document or its details, however, not at the expense of adding false information, and by their corrections, erasures, dopisok, etching and other similar ways. Other forgery is a kind of antithesis of entering into the document of false information, because false information in this case, the document is not entered, corrected or deleted information that is already in the document and correspond to reality.Preparation of false documents is a complete fabrication of a document that contains information not corresponding to reality. The form and details of the documents meet necessary requirements.Issuing false documents means providing natural or legal persons of such a document, whose contents completely or partially correspond to reality and which was made or the official that issued it, or by another official. The results of a false document will take place in the case if the document was drawn up by a private individual, but then was witnessed by an official and issued it to other natural or legal persons on behalf of the organization which he represents the authority that issued the document.

3. The offense described in the disposition of part 1 of article 366 of the criminal code is formal, and the crime is considered ended from the moment of committing one of the actions regardless, caused whether these actions have any consequences and was used a fake document.

4. If the forgery was committed by an official, as a preparation for the Commission of a crime (excluding minor crimes) or use of the document contained signs of an attempt to commit another crime, its actions are qualified on set as official forgery (part 1 or part 2 of article 366 of the criminal code) and preparation (article 14 criminal code) or attempt (article 15 of the criminal code) on the offense.

5. In the aggregate, qualify the act and in the case where a fake official document use them to commit other completed crime or to conceal the crime that was previously committed by him. If the forgery is a necessary symptom of other crime (for example, part 2 of article 372 of the criminal code) or creating a special offence (for example, part 2 of article 158, part 3 of article 160 of the criminal code), actions guilty are qualified only by a special norm.

6. If forgery was committed by an official to assist others in the Commission of a crime or the preparation or issuing a forged document was previously promised to conceal the crime, the actions of officials are qualified under article 366 of the criminal code and as an accessory (part 5 of article 27 of the criminal code) the crime that was committed. If the fraud was committed to conceal a grave or especially grave crimes previously committed by other persons, the actions of officials are classified not only by article 366, but under part 1 of article 396 of the criminal code.

7. The subjective side of official forgery under part 1 of article 366 of the criminal code, is characterized only by direct intent, because the officer is obviously aware of the false nature of the information that you entered them in the official documents. Inclusion in such documents of information about the nature of which the officer is aware, excludes a part of the forgery, and under the conditions specified in article 367 of the criminal code, may lead to liability for negligence. The motives of forgery can be various and on qualification of a crime do not influence.

8. In part 2 St. 366 criminal code formulated material part of the crime, in the Commission of forgery which causes serious consequences. The subjective aspect of this crime can be detected in deliberate or mixed form of guilt. This forgery may only be committed with direct intent, the mental attitude of the perpetrator to serious consequences can be both deliberate, and careless. Overall, the crime under Art. 366 of the criminal code, is intentional. If it is established that by committing forgery, the perpetrator wanted causing serious consequences, that did not come for reasons independent of his will, the actions of the officials should be qualified as attempt at aggravating forgery under article 15 and part 2 St. 366 criminal code.

9. The subject of official forgery can only be official. Therefore, if the same action perpetrated by a private individual in respect of the documents and other items referred to in article 358 of the criminal code, and for the use of knowingly forged document, and liability arises under article 358 of the criminal code. If a private person intentionally contributes to the service person to commit official forgery, he must bear responsibility for complicity (article 27, criminal code) the crime prescribed by article 366 of the criminal code.


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