جريمة استعمال المحررات المزورة.
Forgery is changing the truth with the intent to deceive. It is done by making a change by adding, deleting, or modifying something that is originally correct. As for use, it is done by any means by which the document is presented or shown to any official body. It means holding on to or protesting t...
| Published in: | Journal of Babylon Center for Humanities Studies Vol. 15; no. 6; pp. 1919 - 1937 |
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| Main Authors: | , |
| Format: | Article |
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Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR)
2025
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| Subjects: | |
| Online Access: | View this record in EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=189351124&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 189351124 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 22272895 GYOO jtl: Journal of Babylon Center for Humanities Studies issn: 22272895 maglogo: N pubinfo: dt: 2025 vid: 15 iid: 6 pid: 25427 pub: Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) artinfo: ui: 189351124 ppf: 1919 ppct: 18 formats: tig: atl: جريمة استعمال المحررات المزورة. aug: au: محمد جواد فتحي ماجد عكاب سرحان affil: استاذ دكتور ، كلية الحقوق، جامعة طهران. جامعة طهران فرع الفارابي كلية القانون. su: Forgery Criminal intent Deception Criminal law Legal evidence Punishment sug: subj: Forgery Criminal intent Deception Criminal law Legal evidence Punishment keyword: forgery official document ordinary document punishment use العقوبة المحرر الرسمي المحرر العادي جريمة استعمال المحرر جريمة التزوير ab: Forgery is changing the truth with the intent to deceive. It is done by making a change by adding, deleting, or modifying something that is originally correct. As for use, it is done by any means by which the document is presented or shown to any official body. It means holding on to or protesting the paper in dealings as if it is valid. It is not sufficient to merely present the forged document unless the offender claims its validity. The forged paper must be shown. It is not sufficient to rely on it without presenting it. Merely expressing a desire to present it to the court to place it among the papers of the case in which it is intended to be relied upon without that being done does not constitute the crime of use. The Iraqi legislator punished the crime of using documents with the penalty prescribed for the crime of forgery, which is by its nature an ongoing crime that does not lapse as a result of the crime of forgery. The crime of using a forged paper does not occur unless it is proven that the person who used it knew that it was forged, and the period of lapse of the lawsuit does not begin except from the date of the ruling that it was forged. The act of use is achieved by simply presenting the document and holding onto it. Any subsequent waiver of the document has no effect on the crime that occurred, and the forged document must be used as evidence; merely presenting it is not sufficient. The use criminalized by law is that which benefits from the forged document. The mere presentation of the document for the purpose of benefiting from it constitutes the use, regardless of whether the intended purpose is achieved. The crime of use is committed against a forged document, and if the document does not have this characteristic, the crime is negated. The crime of using a forged document is an intentional crime that only occurs when there is a general criminal intent. This requires knowledge of the components of the crime, including the forged document. The perpetrator must know that the document is forged and intend to present it and adhere to it as if it were authentic. pubtype: Academic Journal doctype: Article src: R language: Arabic refInfo: copyright: @attributes: flag: Y dt: @attributes: year: 2025 holdings: @attributes: islocal: N |
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