Judges: Most frauds extend security identities and study documents

Judges: Most frauds extend security identities and study documents

2018-10-23 10:06:00

The investigative judges in the courts of Baghdad reported that most of the fraud aimed at the military and security  identities, pointing out that the study documents are also fraud for the purpose of appointment or promotion.

Article 286 of Iraqi Penal Code identified the  fraud as a change of  the truth with intent to cheat  in   a  deed ,document or any other document by one of the material and moral ways which is shown by law. This change may cause harm to the public interest or to a person.

Mohammad Youssef, Judge of the Karkh Investigation Court, said that most of the fraud processes extend the study documents which  are submitted to government departments for the purpose of an  appointment or promotion. Moreover, the official documents are forgery in order to change the names and family names. Also he explained that the most fake documents are the IDs that are attributed and the identities of the official government departments, especially the Ministries of Defense and Interior.

 Youssef mentions the examples of fraud such as  the Social media, whereby,  the vacancies are promoted and the victim is provided a forged ministerial order for the purpose of obtaining  money. By the same mechanism, the victim is provided with a fake travel document for money.

He pointed out that advertisements regarding the broad study  broadcast  and provide the victim with false documents for the purpose of travel outside the country

Judge Mohammed Youssef doesn't forget that the forgery of the transaction of the registration of real estate is most significant since the ownership of real  estate was transferred by forged documents. Much money are obtained for sale and then  it is figured out that the owner of the property either traveled abroad or passed away.

Related to the types of forgery, Youssef adds that the forgery is either material or moral, the material of which is in  the signature or  the fingerprint or a forged seal or change a signature or  a fingerprint or stamp. Indicating that the Article 287/1 of  Penal Code specified  the methods of material fraud in paragraphs a, b. c, d and e . the same article  also identified the methods of moral fraud in paragraphs a, b, c and d.

The judge of the Karkh investigation court states that there are certain procedures in the cases of forgery in  investigation courts. The criminal case is filed in the offices of combating crime, which in turn, investigate the crimes of forgery and according to  territorial jurisdiction for all the investigation courts.

The judge of the Karkh Investigation Court , Muhammad Salman, spoke about the documents and their types, saying that the documents are divided into two parts, which are official and regular. Article 288 of Penal Code identified  the official document that is  a document, whereby, the employee or is charged with a public service provide what has done according to legal attitudes and in the field of his authority or  has interfered with editing or has interfered with formalizing

He added that the second type is the regular document (customary document) , which were dealt by Articles 295-297 of the Penal Code. He pointed out that the ordinary document is every paper  that is not edited by a specialist in editing it. The document  is normal if issued by an employee who is not specialized in editing or is organized by individuals such as books, petitions and bills. pointing out that there is a difference in the penalty between the  forgery of the official or ordinary document

In response to the question of the possibility of exemption from the punishment, he clarified that the article 303 referred to the possibility of exemption from punishment  for  any person who committed a crime of imitation or forgery seals, bonds, stamps, counterfeiting, falsifying banknotes and financial documents, falsifying official documents if notified the public authorities prior their completion and prior these authorities search and investigate the perpetrators and inform the authorities about other actors.

 If the notification takes place after the authorities  had searched and  had inquired  , they shall not be exempted from the punishment unless the notification has facilitated the arrest of those perpetrators. Any person who commits a crime of imitation, forgery or fake that are mention in  this section  shall also be exempt from punishment, if this person damage the material of crime before using it or before beginning to search the perpetrators.

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