Rédaction Africa Links 24 with lexpress
Published on 2024-03-02 02:35:00
Many cases of forgery and use of forgery are brought before the Courts in Madagascar, both in criminal and civil or commercial matters.
Forgery is defined as the counterfeiting or intentional and bad faith alteration of a document. The Penal Code, in its articles 132 and following, provides for the repression of five categories of forgery, namely:
1- Counterfeiting of currency;
2- Counterfeiting of State seals, banknotes, public securities, and stamps, seals, and marks;
3- Forgeries in public or authentic writings, and in commercial or banking writings;
4- Forgery in private writings;
5- Forgery committed in passports, identity cards, permits, road sheets, etc…
The majority of cases encountered in criminal court cases mainly concern the third and fourth categories of forgery.
We often come across cases of forgery in public or authentic writings in land-related cases, particularly in acts of notoriety, certificates of individuality, partition deeds, etc… Forgers wanting to take possession of immovable property that does not rightfully belong to them.
Cases of forgery in commercial writings are often found in invoices, delivery notes, purchase orders, etc… Forgers wanting to get paid for transactions that never actually took place. And cases of forgery in bank writings are found in check or cash deposit slips, in transfer forms, and various writings attesting to payments that never actually occurred.
Cases of forgery in private writings often involve the alteration or counterfeiting of contracts that were never entered into or that do not reflect the actual intentions of the parties.
The severity of the penalties incurred for forgery depends on the value of the altered document.
Forgery committed in an authentic writing is punished with forced labor, while forgery committed in a commercial or banking writing is punished with two to ten years of imprisonment. Forgery in a private writing is punished with one to ten years of imprisonment.
In addition to these penalties, individuals may also face deprivation of civil rights for five to ten years and a ban on residing in the place where the forgery was committed.
Article 146 of the Penal Code adds that: “Any public official or officer who, while drafting acts within the scope of his duties, fraudulently alters the substance or circumstances thereof, either by writing agreements other than those that would have been drawn up or dictated by the parties, or by recording false facts as true, or as admitted facts that were not.”
Regarding the use of forgery, article 148 of the Penal Code states: “Anyone who knowingly uses forged documents shall be punished with the penalty provided for the forger”; however, this provision does not apply to the use of forgeries in passports, identity cards, permits, etc… where the user of the forgery will face a different penalty from the forger.
In practice, the repression of forgery and its use belongs to the criminal jurisdiction, while the cancellation of acts tainted with forgery and their effects falls within the competence of the civil or commercial jurisdiction if it is a commercial act.
In all cases, it is always recommended to seek the advice, assistance, and representation of a lawyer in forgery cases, whether in criminal or civil matters.
Article written by Claudia RAKOTONIAINA, Fitiavana RAKOTOARIVELO (practicing in Antsirabe) Trainee Lawyers.
Read the original article(French) on lexpress.mg
