Forgery: Penalty & Defence

Forgery in Greece is one of the most serious offences a person can commit. This is why it is vital to seek legal help if you are accused of it. Charges of forgery can have serious consequences, such as a fine, imprisonment, but obviously also damage to your reputation and social standing, which will adversely affect your personal and professional career.

The offence of forgery

Under the Penal Code, the crime of forgery in Greece is regulated and punished by Article 216. Its first paragraph states that “Whoever makes a forged or altered document for the purpose of misleading another person by using it with respect to a fact that could have legal consequences shall be punished with imprisonment and a fine.” This offense is one of the most common crimes we see every day in criminal courts.
In order to commit the crime of forgery, which is a formal offense, the following is required:
a. Objective: the perpetrator creates a document (within the meaning of Article 13(c) of the Penal Code) and presents it as having been created by another person, or forges a genuine document, i.e. changes the meaning of its contents by altering the latter,
b. subjective fraud: includes knowledge (even in the sense of doubt) and intent as to the facts constituting the act
c. attempting to mislead others, whether public or private, by using false or falsified documents about facts that could have legal consequences relating to the establishment, maintenance, modification, transfer or extinction of rights or legal relations or circumstances and that may concern the person or third party who was misled The perpetrator’s intent to mislead others (material fraudulent intent).

The offence of using a false document
The use of a false document constitutes an act of making a document (document) accessible and making its contents known to others (the person to be deceived), within the scope of the purpose of drafting or of the document and with the purpose of deceiving others. Thus, in addition to the purpose of deception that the perpetrator must have, the forged document must be objectively capable of deceiving others by being used for an event that may have legal consequences, i.e., it must be capable of producing relevant legal consequences must be capable of causing damage to the property of another, but damage to the property of another is not an element of the offense. The above is supported by the fact that forgery, in any form (making or using a forged or altered document), is defined by law as an intentional offense and is systematically included in the Memorandum Chapter of the PC not because of property rights but to ensure the security and integrity of written transactions (A.P. 1107/2020).

What are the penalties for these offences?

The basic penalties for forgery in Greece are imprisonment (up to five years) and a fine. The same penalties apply to the defendant who uses a forged document.
However, the perpetrator of any of the above offenses shall be punished if he or she attempted to gain financial gain for himself or herself or another person by harming a third person, or if he or she intended to harm another person:
(a) imprisonment for not less than three months and a fine, if the total benefit or total damage is particularly great; or
(b) if the total benefit or damage exceeds 120,000 euros, imprisonment for a term not exceeding 10 years and a fine.
Finally, if the acts described in paragraphs 1 and 2 are directed against a legal entity of the Greek State, a legal entity under public law, or a local public entity, and the total monetary gain or damage exceeds a total of EUR 120,000, imprisonment for at least 10 years and a daily fine of 1,000 units or a fine of up to 1,000 units per day shall be imposed.
In the case of will forgery, which case of misconduct falls under the tort is determined by the facts and whether there is a distinguishable case for the benefit the offender unlawfully sought to obtain.

Economou & Economou law office in Athens Greece, the best criminal law lawyers for counterfeiting, that can undertake your legal support in cases of financial crimes, especially counterfeiting, in Greece, so If you are looking for the best criminal lawyer in Greece for forgery, contact the best criminal defense forgery lawyers of Economou & Economou Law office, by e-mail at econlaw@live.com , by phone at (+30)2103603824 or complete our contact form.