Forgery in Official Documents (TCK Article 204): Types and Penalties

TCK Article 204 punishes "anyone who forges an official document, changes a real official document in a way to deceive others, or uses a fake official document."

Penalties

• Art.204/1 (basic case): 2-5 years imprisonment.
• Art.204/2 (public official): Processing by a public official on the official document that he is authorized to issue as part of his duty: 3-8 years imprisonment.

Types of Counterfeiting

• Material forgery:Physically forging the document (forged seal, signature, paper).
• Mental forgery:The content of the document is untruthful (physically original seal/signature but untruth in content).
• Tampering: Changing an existing document (deleting, adding numbers).

The Concept of "Official Document"

• Court decision, prosecutor's indictment.
• Title deed, official deed (notary arrangement).
• Identity card, passport, driving license.
• Health report (public hospital/family doctor).
• SGK documents.
• Municipal/university documents.
• Diploma, transcript (public university).

Common Types of Fraud

• Fake medical report (military service, employment report, court).
• Fake title deed/signature fraud.
• Fake ID/passport.
• Fake power of attorney.
• Fake court decision.
• SGK deception (fake service document).

Supreme Court 11th CD — Established Approach

11. CD looks for forgery to have "ability to deceive"; Forgery of documents at the level of "can't deceive anyone" that is so obviously fake that it can weaken the qualification as a crime; Conviction results only in cases of forgery that could mislead a reasonable person.

Crime of "Use"

Using a false document is also within the scope of Article 204; However, the user must know whether the document is fake. The "I didn't know" defense is evaluated with side evidence (the nature of the document, the place of seizure, the purpose of use).

Confiscation (TCK article 54)

Fake documents will be confiscated. Tools used in forgery (printing press, seal, computer) may also be subject to confiscation.

Common State and Consensus

Fraud with fake documents:

• Art.204 + Art.158 (aggravated fraud).
• It is punished separately by real assembly.

Practical Considerations