What Is Considered Document Forgery?
In simple terms, document forgery refers to the act of altering or creating seemingly official documents with the intent to deceive or gain unlawful benefits. Forgery does not require creating a new document from scratch — altering an existing genuine document, such as adding, removing, or changing information, is also considered forgery. Legally, the term “forgery” is not defined in the Criminal Code, as it is considered self-explanatory and commonly understood.
What Qualifies as an Official Document?
The Criminal Code of Ukraine defines an “official document” as a document recorded on any physical medium that confirms or certifies events, phenomena, or facts that have caused or may cause legal consequences or may be used as evidence in legal proceedings. These documents are created, issued, or certified by competent officials of government bodies, local authorities, public associations, legal entities of any form of ownership, as well as individuals — including self-employed persons — who are authorized by law to create, issue, or certify certain types of documents in accordance with legal requirements and with mandatory legal attributes.
What Is an Official Electronic Document?
An official electronic document is similar in nature to a paper document, with some exceptions. Its legal framework is governed by the Law of Ukraine “On Electronic Documents and Electronic Document Flow.” An electronic document is defined as one that contains information recorded in electronic form, including mandatory attributes. It may be created, transmitted, stored, and displayed visually using electronic means. The visual representation can appear on a screen or on paper in a format suitable for human perception.
Why Are Documents Forged?
The primary goal of document forgery is deception and, typically, personal gain. Individuals forge documents to obtain rights or status that they are not legally entitled to — such as various certificates or IDs granting privileges. People without the proper status may unlawfully gain certain rights and freedoms.
A less serious but common type of forgery involves certificates, forms, and similar documents. Since these often lack serial numbers and rely only on stamps and signatures, they are harder to detect and frequently forged at the everyday level.
Another widely encountered forged document is the driver’s license. Obtaining a legitimate license requires completing driving school and passing exams, so some individuals seek shortcuts through illegal means.
Documents like status-confirming IDs or driver’s licenses usually have serial numbers and are included in government databases, making them easier for authorities to detect when forged.
How to Identify a Forged Document?
There are several methods of varying complexity for verifying the authenticity of documents. The simplest is a visual inspection — checking for required marks, the format of the form, content, stamp, and signature.
Next, a comparison with an official sample (if available) can help, although this only works for low-quality forgeries. It may also be useful to verify watermarks, license stickers, or other anti-forgery features, and check the appearance of stamps and signatures.
More advanced — and not always feasible — is checking the document against official databases and public registries. This applies to legal entities, real estate, court decisions, and more.
Finally, the most reliable but complex method is forensic examination. In this case, an expert examines the document using professional techniques. This is not used in everyday life and typically applies to court proceedings or cases requiring absolute certainty.
What Criminal Liability Is Provided Under Article 358 of the Criminal Code of Ukraine for Document Forgery?
Criminal liability for forgery of documents, seals, stamps, and forms, as well as their distribution or use, is established by Article 358 of the Criminal Code of Ukraine. The sentence for document forgery can be up to 5 years of imprisonment. More specific elements of the offense and the corresponding liability are outlined below.
The punishment includes a fine of up to one thousand non-taxable minimum incomes of citizens, probation supervision for up to two years, or restriction of liberty for up to two years. These penalties apply for forging a certificate or other official document issued or certified by an enterprise, institution, organization, private entrepreneur, notary, state registrar, legal registration entity, or any person authorized by law to certify such documents, which provides rights or exempts from obligations — either for use by the forger or another person — or for the purpose of selling the forged document, as well as for producing forged seals, stamps, or forms of institutions or organizations regardless of ownership, and other official items intended for sale or use.
The sanction for further offenses includes a fine of up to two hundred non-taxable minimum incomes, probation supervision up to three years, or restriction of liberty for up to three years. These penalties apply to the creation or issuance of knowingly false official documents by a legal entity employee (not a public official), private entrepreneur, auditor, expert, specialist, appraiser, lawyer, notary, registrar, or any other person engaged in providing public or administrative services. The same applies for the forgery of documents with legal value or that confer rights or release from obligations, as well as for the use, distribution, or production of forged stamps, seals, or forms.
For repeated forgery or conspiracy by a group, the punishment is more severe — restriction of liberty or imprisonment for up to five years.
The use of forged documents also entails liability: a fine of up to fifty non-taxable minimum incomes, probation supervision up to two years, or restriction of liberty up to two years.
Who Bears Criminal Responsibility for Forging Documents?
Under Article 358 of the Criminal Code of Ukraine, criminal liability applies to any natural person aged 16 or older. Public officials forging documents are prosecuted under Article 366 of the Criminal Code as an official misconduct offense. Both the person who forged the document and the one who knowingly used a forged document can be held liable.
The perpetrator’s intent is characterized by direct intent and a specific purpose — to gain certain rights or be freed from legal obligations.
When Does Criminal Liability Arise for Document Forgery?
Criminal liability arises only for the forgery of an official document. Such documents can be issued not only by state authorities but also by legal entities of all ownership types, lawyers, notaries, expert institutions, etc.
When determining whether a document qualifies as official for the purpose of prosecution, the following criteria apply: the document must be drawn up, issued, or certified by an authorized person within their competence, follow the legal form, and contain required legal attributes; the information recorded in the document must have legal significance, and the confirmed events or facts must lead to or be capable of leading to legal consequences — such as the creation, modification, or termination of rights, freedoms, or obligations.
What to Do If You Are Accused Under Article 358 of the Criminal Code?
If you are accused under Article 358 of the Criminal Code of Ukraine, the best course of action is to hire a qualified and experienced defense attorney. A lawyer will provide legal assistance during the pre-trial investigation and ensure proper defense in court.
Even if you are confident in your innocence and that you did not engage in any unlawful actions with documents, seals, or signatures, legal defense should not be neglected. Sometimes, the actions of third parties may lead to false accusations. A defense attorney will help uncover the legal facts necessary to protect you and ensure the actual perpetrators are held accountable.
Where to Seek Protection of Your Rights?
As explained above, if you are accused of committing an offense under Article 358, you should seek legal assistance. However, you may also find yourself a victim of document forgery. If you suspect that a document presented or handed to you is fake, avoid acting on it — most importantly, do not accept or store the suspicious document. First, contact the institution that allegedly issued the document. An official authority will likely be able to confirm or deny its authenticity. If that doesn’t yield results, contact law enforcement. If there are sufficient grounds, authorities will initiate an investigation to identify the forger.
If a forged document is being used to violate your rights, you may file a lawsuit to declare the document invalid and hold the perpetrators accountable. In such cases, it is highly recommended to consult with a legal professional to avoid procedural errors and improve the chances of a successful outcome in court