Crime and Punishment of Forgery of Private Documents
Forgery of private documents is a crime regulated in Article 207 of the Turkish Penal Code. This crime involves forging a private document or altering and using a genuine private document to deceive others.
What is a Private Document?
A private document is any document that is not issued by official authorities but has legal consequences. For example, diploma, identity card, driver’s license, promissory note, lease contract, power of attorney, invoice, commercial records, medical report, private letters and signatures are considered private documents.
Elements of the Crime of Forgery of Private Documents:
• The Perpetrator Forges a Private Document or Changes a Real Private Document: Forging a document means creating a document that does not actually exist as if it existed. Altering a real document means making the document different from the original by falsifying its content or adding false information.
• Intent to deceive others: The perpetrator must have the intention to deceive others by using the forged document. The existence of this intention is determined by the perpetrator’s desire to create the belief that the forged document is real.
• Use of Document: Using a fake document means presenting, submitting or showing the document as evidence in any way.
Punishment for Forgery of Private Documents:
The penalty for forgery of private documents is imprisonment from one to three years.
Reasons for Increased Penalties:
• Committing a crime by using a false document
• Submission of false documents to public institutions or official authorities
• Committing the crime on more than one document
• Committing the crime for commercial purposes
Reasons for Reducing Penalties:
• Preparation or modification of a fake document for the purpose of proving a receivable based on a legal relationship or documenting a real situation.
• The perpetrator regrets and confesses the crime.
• The perpetrator must compensate the victim for the damage.
Examples of the Crime of Forgery of Private Documents:
• Diploma forgery
• ID card fraud
• Driving license fraud
• Bill forgery
• Lease contract fraud
• Power of attorney fraud
• Invoice fraud
• Business registration fraud
