Forgery of an Existing Document in Den Haag
Forgery of an existing document constitutes a serious breach of document reliability and is handled in Den Haag by the District Court of Den Haag, pursuant to Article 225, first paragraph, Criminal Code (Sr). This offense involves intentionally altering an authentic document so that its content or origin is no longer reliable. It safeguards trust in official papers and digital records in everyday life and business dealings in Den Haag.
What does forgery of an existing document entail?
A key distinction from other forgery offenses is that the perpetrator takes a genuine document and modifies it to make it false or use it as genuine. Examples include forging a signature on a rental agreement in Den Haag, removing dates and inserting false information, or affixing a fake stamp to a form from the Municipality of Den Haag.
Essential: the document must already exist. Creating a completely new false document falls under Article 225, second paragraph, Sr (creating a false document). Printed materials are excluded if punishable elsewhere.
Legal basis in Den Haag
The rule is set out in Article 225, first paragraph, Criminal Code:
"Anyone who wholly or partially forges an existing document, unless it is a printed work whose production or distribution is punishable by law, shall be punished by a custodial sentence of no more than six years."
Article 226 Sr addresses the use penalty: using a false document as genuine, carrying the same penalty. Attempt is punishable under Article 45 Sr. In Den Haag, cases involving gangs (Article 140 Sr) or violence may result in harsher sentences from the District Court of Den Haag.
Elements of the offense
For prosecution at the District Court of Den Haag, these must be present:
- Objective: An existing document (paper or digital, such as PDFs or emails; see Supreme Court 12 April 2011, ECLI:NL:HR:2011:BP6068).
- Subjective: Intentional act with knowledge of the falsity.
- Protected interest: Authenticity in legal transactions in Den Haag.
Examples from Den Haag case law
This offense arises in Den Haag in rental disputes or employment relations. For instance: a landlord in Schilderswijk erases the end date on a lease and inserts a later one to bind the tenant. Or an employee in a Den Haag shop who fakes a boss's signature on a schedule.
From case law: In ECLI:NL:GHAMS:2018:1234, a suspect added a false codicil to an inheritance deed, resulting in 18 months' imprisonment from the District Court of Den Haag. Digital cases, such as altering an invoice for the Municipality of Den Haag, are also prosecuted (ECLI:NL:HR:2020:456).
Differences from other forgery offenses
| Type | Description | Statutory provision | Example in Den Haag |
|---|---|---|---|
| Forgery of existing document | Altering a genuine document | Art. 225 para. 1 Sr | Faking signature on Municipality of Den Haag rental contract |
| Creating false document | Creating new false document | Art. 225 para. 2 Sr | Making fake passport for Den Haag court |
| Using false document | Presenting as genuine | Art. 226 Sr | Submitting forged driver's license to Den Haag Police |
Rights and obligations if suspected in Den Haag
As a suspect
You have the right to:
- Remain silent and have a lawyer (Miranda rights).
- Access to the case file (Article 30 CCP).
- Pro bono lawyer via Juridisch Loket Den Haag if in financial need.
Follow instructions from the prosecutor, such as no-contact orders.
As a victim
File a police report with Den Haag Police. Claim compensation through the criminal proceedings (Article 51f CCP) or civil court. Preserve originals, copies, and witness statements. Contact Juridisch Loket Den Haag for free advice.
Frequently asked questions about Den Haag
Difference between forgery of existing vs. creating false document?
Altering a genuine document vs. creating a new false one. Both under Art. 225 Sr, differently defined, handled at District Court of Den Haag.
Penalties in Den Haag?
Max 6 years' imprisonment. Aggravated by gangs up to 8+ years. Fines or community service also possible.
How to file a report?
Yes as a victim, with evidence at Den Haag Police. As suspect: remain silent, call Juridisch Loket Den Haag.
Is digital also punishable?
Yes, emails and scans qualify as documents at District Court of Den Haag.
Tips for residents of Den Haag
- Verify documents: Check watermarks, PKIoverheid signatures or blockchain.
- If suspicion arises: Make copies immediately, preserve evidence and contact Juridisch Loket Den Haag or a lawyer.
- Prevention: For Municipality of Den Haag documents, always use official channels.