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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

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تم تقييم هذه الإجابة:

Hello if some one fake forgery case what we do

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الرد من العميل

In court ordr 7 day punished in jail then what court do

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that the forgery is defined under Article 216 of the Federal Penal Code (UAE Federal Law Number 3 of 1987 on Issuance of the Penal Code):

 

“The forgery of a written instrument is to alter its reality in one of the manners described herein below, so as to cause prejudice, with the intention of substituting the false for the genuine instrument.”  The seven methods stated to be considered as committing the crime of forgery is:

 

  1. “To alter a genuine instrument, whether by adding, or removing or changing any of its written parts, numbers, marks or pictures.
  2. To falsely sign or place a forged seal, or to alter a genuine signature, seal or imprint.
  3. To obtain by surprise or by fraud the signature, seal or imprint of a person who ignores the contents of the instrument or who has not validly given his consent thereon.
  4. To make falsely or imitate an instrument and attribute it to another person.
  5. To fill a blank paper which is signed, sealed or imprinted, without the approval of the person who has signed, sealed or imprinted it.
  6. To assume the name of another person or to substitute it in a document which has been prepared specifically to prove the identity of such other person.
  7. A material alteration of writing with a deceitful and fraudulent intent, preventing, therefore, the genuine intent of the instrument from being achieved.”

 

In the above context it can be concluded that there are two types of forgery namely material forgery and moral forgery which are explained below:

Material forgery:  A material forgery takes effect when a material change in the document is made by the forger that can be comprehended by sense such as eyes, whether by way of addition, deletion or modification in the existing original document or by way of creating the new document(s).

 

Moral forgery: A moral forgery is said to be conducted when a forger creates a change in the meaning, content, and circumstances at the time of editing but not in material or form as editing articles or statements other than those made by the contractual parties. For instance, someone impersonating someone else in the contract or employee makes statements about a person in a document contrary to what he said or, stating that he took bribes or money while he has not received any money


Concerning the first order of punishement of 7 days jail, then if your make an appeal in the court, please note that decision may be maintained or revoked depeding in your situation,
and depending also of the nature of the forgery and the degree of severity

In the event that the intended question is otherwise, you can kindly ask us in detail and we will respond to it in the shortest time frame.

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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

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