Falsul material în înscrisuri oficiale
Forgery of official documents

Summary/Abstract: This article is an overview of the offence of material forgery of official documents. It attempts to define the concept of document by examining its essential characteristics and it also highlights the problems caused by the legal definition of official character. It also analyses the incidence of the aggravated form of the offence and its relationship with abuse of office. Furthermore, the author argues in favour of adopting the intellectual theory of material forgery and analyses the alternative theories proposed by other authors. Referring to the objective aspect, the aptitude of the document to produce legal consequences is also analysed, including certain particular hypotheses - forgery of a copy of a document which does not exist in reality, forgery of an inexistent, null or annullable document. Regarding the relationship with other offences, the author addresses the issue of the distinction between material and intellectual forgery. The relationship between material forgery and computer forgery is also analysed, firstly, by highlighting the incompatibility between the traditional document and computer data, and, secondly, by attempting to identify a solution regarding the relationship between the offence of material forgery and the offence of computer forgery.

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