Document Forgery/Alteration

An official document refers to any document prepared or processed by an administrative agency in the course of performing official duties.

Official documents also include various special media records, such as the following.

Forgery and alteration of an official document is established where a document or drawing of a public official or public office is forged or altered with the intent to use it.

However, if the forgery was carried out with the intent to keep it solely for oneself and without the intent to use it, the crime of forgery of an official document is not established.

A private document refers to a document prepared by an ordinary person, such as an individual or a private corporation.

Private documents include the following types of papers.

Forgery of a private document and alteration are established when a person, with the intent to use it, forges or alters another person's document or drawing relating to rights, duties, or the proof of facts.

In other words, the offense is established when a person who has no right to prepare a document forges or alters it and thereby obtains a benefit.

* Forgery/Alteration of a Private Document, etc.

* Forgery/Alteration of Official Documents, etc.

If you become involved in a document forgery/alteration case, the first priority is to accurately understand what legal issues your conduct may raise.

Because the direction of the response will differ depending on what the investigative authorities may take issue with and whether the allegation is true, it is advisable to organize the matter from an objective perspective.

Securing evidence is central to proving or defending one's conduct.

Where the allegation is denied, it is necessary to gather materials that can prove who actually prepared the document, the circumstances of its preparation, and whether the original exists.

Conversely, where the fact of forgery is admitted, it is advisable to prepare materials supporting points such as the circumstances and purpose of the forgery and the fact that the scope of forgery was limited.

During the investigative authorities' questioning, the consistency and reliability of statements play a very important role.

Caution is needed, as retracting a statement or attempting unnecessary excuses may instead work to one's disadvantage.

Before questioning, it is advisable to review the direction and content of your statement thoroughly and to avoid expressions that could cause disadvantage.

If the matter does not satisfy the elements for document forgery/alteration, it may be possible to argue, on legal grounds, that the conduct lacked unlawfulness or that there was no intent to forge.

It is also advisable to prepare sentencing materials emphasizing points such as that the degree of forgery was minor or that no actual harm occurred.

Organizing and submitting matters such as one's social circumstances, the presence or absence of prior convictions, and the circumstances of the offense may have a positive effect on the reduction of sentence.