The filing standard of the crime of forging documents

1. Whoever forges, alters or buys or sells official documents, certificates or seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined;

2. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. The object of the crime of forging state official documents is official documents, certificates and seals, and it is limited to those of state organs.

First, how to deal with the crime of providing false documents?

1. Whoever commits the crime of providing false documents, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined.

2. Whoever commits the crime of providing false documents under legal circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined.

3. If the crime of providing false documents at the same time demands or illegally accepts other people's property, which constitutes a crime, it shall be convicted and punished in accordance with the provisions of heavier punishment.

Second, what is the standard for filing the crime of providing false documents?

Personnel in charge of intermediary agencies such as asset appraisal, capital verification, verification, accounting, auditing and legal services. Deliberately providing false documents, suspected of one of the following circumstances, shall be filed for prosecution:

(1) Causing direct economic losses of more than 500,000 yuan to the state, the public or other investors;

(two) the amount of illegal income is more than one hundred thousand yuan;

(three) false documents with a fictitious amount of more than one million yuan, accounting for more than 30% of the actual amount;

(four) although it does not meet the above amount standard, it has one of the following circumstances:

1. Asking for or illegally accepting other people's property in the process of providing false certification documents;

2. Having been given administrative punishment for providing false documents within two years, and having provided false documents.

(five) other serious circumstances.

The crime of providing false documents belongs to status crime, including not only the personnel of intermediary organizations, but also intermediary organizations. Members of intermediary organizations who ask for or illegally accept other people's property and provide false documents for others shall be punished as the crime of providing false documents, which is an aggravating circumstance stipulated in Article 229 of the Criminal Law.

Three, the constitutive elements of the crime of forging documents

1, object element

The objects of this crime are official documents, certificates and seals, which are limited to those of state organs.

The so-called official documents generally refer to written documents produced by state organs for contacting affairs, guiding work and handling problems, such as orders, instructions, decisions, notices, letters and telegrams. Some documents issued in the name of the person in charge and the name of the unit are also official documents. The text of the official document can be in Chinese or foreign languages; It can be printed or written, both of which have the legal effect of official documents.

The so-called documents refer to documents produced and issued by state organs to prove identity, position, rights and obligations or other relevant facts, such as marriage certificate, work permit, student ID card, passport, household registration transfer certificate, business license and driver's license. Acts of forging or altering passports, visas and other entry-exit certificates and resident identity cards, if otherwise provided for in this Law or this Article, shall not be punished for this crime.

The so-called seal refers to the official seal or special seal engraved by state organs to show the identity of the subject with words and pictures. They are the symbols and signs of state organs exercising their functions and powers, and official documents can only take effect after they are stamped with official seals. Private seals and seals used for the affairs of state organs are also regarded as the seals mentioned in this paragraph.

2. Objective factors

Objectively, this crime is manifested as the act of forging, altering, buying and selling official documents, certificates and seals of state organs.

The so-called forgery means that the producer has no right to make forged official documents, certificates or seals, including making a forged official document, certificate or seal illegally without a certain official document, certificate or seal at all, and copying and forging another forged official document, certificate or seal by imitating its characteristics when a certain official document, certificate or seal exists. It includes both forgery or production by non-state staff and unauthorized production by state staff.

In addition, imitating the handwriting of the person in charge who has the right to issue official documents and certificates should also be punished as forgery. The so-called alteration refers to the processing and reorganization of real official documents, certificates or seals by means of alteration, erasure and splicing, so as to change their true contents. The so-called sale refers to the paid transfer of official documents, certificates or seals of state organs, including sale. As for the official documents, certificates and seals for sale, they can be genuine or forged or altered.

3. Main elements

The subject of the crime of forging, altering, buying and selling official documents, certificates and seals of state organs is the general subject, that is, anyone who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of forging, altering, buying and selling official documents, certificates and seals of state organs.

4. Subjective factors

The crime of forging, altering, buying and selling official documents, certificates and seals of state organs can only be subjectively motivated by direct intention, while indirect intention and negligence do not constitute the crime of forging, altering, buying and selling official documents, certificates and seals of state organs. If the perpetrator stole a company's handbag for the purpose of stealing money, I didn't expect that the bag contained a company's official documents and certificates. In this way, the perpetrator only constitutes theft, and does not constitute the crime of forging, altering, buying or selling official documents, certificates and seals of state organs.

Legal basis:

Criminal law of the people's Republic of China

Article 280

Whoever forges, alters or buys or sells official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Whoever forges the seals of companies, enterprises, institutions or people's organizations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined. Whoever forges, alters or buys or sells identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.