In our state, not only the person who was engaged in the production of fake documents, but also the citizen who used them, knowing that they are fake, is subject to criminal liability. That is the law. In addition, liability under Article 327 of the Criminal Code of Part 3 does not occur if a person did not know that he uses fake documents to exercise his rights and obligations. However, for this fact requires official confirmation. Read more about all this in this article.
Main
The use of forged documents is punishable by law. Indeed, in the Russian Federation this is considered a criminal offense. In turn, a person who presents false documents to various institutions, organizations and officials is an attacker and must be punished for what he did. Sanctions for this crime are specified in Art. 327 of the Criminal Code of Part 3.
Unfortunately, many people are not even stopped by the fact that the use of fake documents is criminally punishable. In addition, some people believe that the purchased diploma of higher education is no different from the one awarded to graduates after graduation. Although in fact this opinion is erroneous, and the use of fake papers is illegal.
How does it manifest
As already mentioned, article 327 of the Criminal Code of the Russian Federation (part 3) contains sanctions for those who use fake documents, fully aware of the fact that they violate the current law.
But how is this manifested? For example, a citizen bought a driver’s license and drives a car. In this case, the latter realizes that he commits an illegal act, but still continues to drive without state permission (without this certificate). In the event that the traffic police inspector stops him and it turns out that the document is fake, the person will be prosecuted under Art. 327 of the Criminal Code of the Russian Federation, part 3. After that, the citizen will receive a criminal record with all the ensuing adverse consequences.
Structure
Counterfeiting and the use of forged documents are still intertwined. Because one crime comes from another. Indeed, without the manufacture of fake documents, their use will be impossible.
The composition of the act under Part 3 of Article 327 of the Criminal Code of the Russian Federation will be as follows:
- the subject is only a sane person who is already sixteen years old;
- the subjective side is presented in the form of direct intent, because a person goes on to commit atrocities consciously, knowing that he commits illegal actions;
- the object here is a violation of established state and legal norms;
- the objective side is expressed in the diverse use of false documents.
What awaits the guilty
Despite the fact that sanctions in the form of isolation from society are absent in part 3 of article 327 of the Criminal Code of the Russian Federation, the punishment awaiting an attacker will be no less severe here. Therefore, if the judicial authority finds the citizen guilty of using false documents, and the latter knew that the papers were false, then the criminal expects:
- a fine of up to 80 thousand rubles or wages (other income) of the convicted person for a period of up to six months;
- either compulsory work (up to 480 hours);
- also provides for corrective labor for a period not exceeding 2 years;
- and the last one is an arrest for a period of not more than 6 months.
It should be noted right away that the punishment prescribed in part 3 of article 327 of the Criminal Code, is an alternative. In other words, the judicial authority independently determines which of the sanctions prescribed by law to apply to the perpetrator.
Nuance
So, then a person can be held accountable for his deed only if the latter used forged rights to exercise his rights, the falsity of which he knew in advance. But what will happen if the citizen did not even suspect that the papers were fake? Of course, in order to prove a person’s guilt in the deliberate use of forged documents, a preliminary investigation is necessary. After all, it may be such that the latter did not know that the papers were fake (for example, a citizen received a passport in the prescribed manner, but the document number in the database was not fixed). Although in practice this rarely happens.
Therefore, if the investigating authorities fail to prove the fact that a person specifically used a fake document, the latter will not be punished for this.
In practice
Here it must be said that at present there are more frequent cases when people openly use fake documents. It is for this reason that many citizens have a criminal record under Art. 327 of the Criminal Code (part 3). Practice shows that most young people who do not want to study acquire diplomas from various companies that legally engage in the manufacture of printed materials. It is not so easy to find false documents, for this it is necessary to conduct a special examination.
Citizens who used fake diplomas and other certificates for employment in the organization were subsequently fired from the enterprise on the initiative of the head himself. After that, former employees were held accountable for the committed act.
In addition, in practice, various situations have sometimes occurred. Some people even worked as doctors in the surgical department of the hospital with fake diplomas and operated on people. Other attackers taught children and even worked in government institutions.