1. Falsification of a certificate or other official document granting rights or exempting from obligations in order to use it or sell such a document, as well as making for the same purpose or selling fake state awards of the Russian Federation, RSFSR, USSR, stamps, seals, forms –
is punished by restriction of freedom for up to two years, or by forced labor for up to two years, or arrest for up to six months, or imprisonment for up to two years.
2. The same acts committed to conceal another crime or facilitate its commission –
is punished by forced labor for a term of up to four years or imprisonment for the same term.
3. Using a known fake document –
is punished with a fine of up to eighty thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to six months, or compulsory work for up to four hundred eighty hours, or correctional work for up to two years, or arrest for up to six months
Commentary on Art. 327 of the Criminal Code
1. The public danger of an act is that it violates the established procedure for handling official documents, stamps, forms, seals, and the rights of citizens.
The subject of the crime in part 1 of the commented article is official documents, including certificates, granting rights or exemptions, state awards of the Russian Federation, RSFSR, USSR (see commentary to art. 324), stamps, stamps (see commentary to 325), forms (a sheet of paper with a stamp imprint or partially printed typographical text to be filled out later). In relation to this article in accordance with Art. 64 of the APC the subject of the crime is audio and video. ——————————— BVS RF. 2008. N 1. S. 29; 2009. N 3. P. 22.
The considered corpus delicti is absent, if a document is falsified, made, a sale that does not grant any rights and does not relieve from duties, as well as a document emanating from a private person, even if he is notarized by an official.
State awards of foreign states are not the subject of the crime in question.
2. The objective side of a crime is constituted by a fake official document (making a false document in any way and in any volume); sales of fake official documents, state awards of the Russian Federation, RSFSR, USSR, stamps, seals, forms (any form of transfer of these items to other persons); production of state awards of the Russian Federation, RSFSR, USSR, stamps, seals, forms (creating them entirely with all details or making genuine stamps, stamps, forms of changes that distort their essence).
The crime is considered finished from the moment of performance at least one of the actions forming the objective party.
A fake prescription or other document giving the right to obtain a narcotic drug or psychotropic substance is fully covered by the disposition of art. 233 of the Criminal Code and additional qualifications for the commented article does not require.
3. The subjective side of the crime is expressed in direct intent. A person is aware of the social danger of the actions committed by him in relation to specific items and wants to implement them. The purpose – the use of the named objects of a crime – both by the forger and by another person – is a mandatory sign of a crime.
4. The subject of the crime is a private sane person who has reached the age of 16. Usually it is the person who falsified the document. Forgery of official documents by an official in the presence of all necessary signs should be qualified according to art. Art. 292 or 201 of the Criminal Code.
5. Part 2 of the commented article provides for responsibility for the same actions if there is a qualifying attribute – in order to conceal another crime or facilitate its commission (Article 63).
6. Part 3 of the commented article contains an independent corpus delicti. Its subject is a deliberately forged document (and not stamps, stamps, letterheads) – both official and personal. Use means presenting a false document (display) or presenting it (to an enterprise, to officials) as genuine. If, instead of his identity card, a person presents a document to a colleague, this composition is absent. Using a fraudulent document can be a one-time, and maybe a continuing crime. This fact should be taken into account when calculating the statute of limitations for criminal prosecution (Article 78 of the Criminal Code). ——————————— BVS RF. 1997. N 8. S. 13.
BVS RF. 2009. N 5. S. 12.
The crime is committed with direct intent. A person is aware of the public danger of using a knowingly false document, realizes that he uses a deliberately false document and this will allow him to acquire any rights or get rid of some duties, and wants it.
The subject of a crime is a person who does not forge, but only uses a deliberately false document. The use of a knowingly fake document by the forger itself is covered by part 1 of the article being commented on and does not require additional qualification under part 3 of this article. ——————————— BVS RF. 2008. N 4. S. 21.