Forgery Crimes
Explanation
This explanation aims to simplify legal concepts and does not constitute the literal text of the law. Forgery [le faux] is a deliberate distortion of the truth in facts or data. The law has expanded the scope of documents to include deeds, manuscripts, paper supports, and electronic supports [le support électronique]. For the crime of forgery to be established, the motive must be to cause material, moral, or social harm.
The penalty is not limited only to the person who commits the forgery, but also includes anyone who uses the forged document [l'usage de faux]. The law punishes a person who uses the forged document, knowing it to be forged, with the same penalty imposed on the perpetrator of the forgery itself.
The law increases the penalty for a public official [le fonctionnaire] who commits material forgery while performing their duties. This official is punished with temporary hard labour for at least five years. This penalty increases to at least seven years if the forged document is one that is acted upon until its forgery is claimed. Acts of forgery include the misuse of a signature or seal, fabricating a deed, deletion, addition, alteration, or even the total or partial destruction of the document.
As for ordinary persons who commit forgery in official documents [les actes authentiques], they are punished with temporary hard labour, unless the law provides otherwise. This reflects the seriousness of compromising the public trust enjoyed by official documents.
If the forgery occurs in private documents [les actes sous seing privé], the penalty is lighter compared to official documents. The perpetrator of forgery in private documents is punished with imprisonment from one to three years, in addition to a fine of not less than one hundred thousand Lebanese Liras.
Official legal articles
replace · 1983-11-10: Open the official text
replace · 2018-10-18: Open the official text
amend · 1993-06-10: Open the official text
Think deeper
How is the motive to cause harm mentioned in the definition of forgery connected to punishing a person who uses the forged document while knowing about it?
Flashcards
What is the penalty for someone who uses a forged document knowing it is forged?
They are punished with the same penalty as the perpetrator of the forgery.
What is the minimum penalty for a public official who commits material forgery while performing their duties?
They are punished with temporary hard labour for at least five years.
When does the penalty for a forging public official not fall below seven years?
If the forged document is one of the documents that is acted upon until its forgery is claimed.
What is the penalty for ordinary persons who commit forgery in official documents?
They are punished with temporary hard labour in cases where the law does not provide otherwise.
What is the penalty for forgery in private documents?
It is punished by imprisonment from one to three years and a fine of at least one hundred thousand Liras.
Is the destruction of a document by a public official considered forgery?
Yes, the provisions of material forgery apply in the event of total or partial destruction of the document by a public official during their duties.
Practice questions
Which of the following supports is included in the legal definition of the crime of forgery?
Forgery includes facts or data established by a deed, manuscript, paper or electronic support constituting a document (Article 453).
A person used a forged document to cause harm to his opponent. What is the legal condition to punish him with the forger's penalty?
Whoever uses the forged document while knowing it is forged is punished with the same penalty as the forger (Article 454).
A public official committed material forgery during his duties in a document acted upon until its forgery is claimed. What is the minimum penalty?
The penalty shall not be less than seven years if the forged document is acted upon until its forgery is claimed (Article 456).
An ordinary person, not a public official, forged an official document. What is the penalty legally applied to him in this case?
Non-official persons who commit forgery in official documents are punished with temporary hard labour (Article 459).
What is the legal penalty imposed on whoever commits the crime of forgery in private documents?
Whoever commits forgery in private documents is punished with imprisonment from one to three years and a fine of at least one hundred thousand Liras (Article 471).
A public official partially destroyed a document during his duties. Do the legal provisions regarding material forgery apply to him?
Material forgery provisions apply to the public official in the event of total or partial destruction of the document (Article 456).
Case problems
Samir modified data in an electronic file constituting a document to prove his financial clearance towards a commercial company. His motive was evading his debts and causing material harm to the company. Later, his friend Fadi presented this file to the court as evidence knowing it was modified. Identify the crimes committed by Samir and Fadi and the applicable penalties based on the provisions of the law.
Model answer
Regarding Samir, he committed the crime of forgery because he deliberately distorted the truth in data established by an electronic support constituting a document (Article 453). His motive was to cause material harm to the commercial company.
Regarding Fadi, he committed the crime of using a forged document because he used the forged electronic document by presenting it to the court while knowing its nature (Article 454).
The penalty, Fadi is punished with the same penalty as the perpetrator of the forgery that Samir will be sentenced to. The law equates the penalty of the forger and the user of the forged document who is aware of it (Article 454).
Self-grading rubric
While performing his duties, a public official in an official department changed the content of an official deed. This deed is considered among the documents acted upon until their forgery is claimed. What is the legal characterization of the official's act and what is the minimum penalty that must be imposed on him?
Model answer
Legal characterization, the official committed material forgery while performing his duties by changing the content of a deed (Article 456).
Penalty, since the forged document is acted upon until its forgery is claimed, the penalty is increased for the official (Article 456).
Accordingly, the official is punished with temporary hard labour, and the penalty shall not be less than seven years.
Self-grading rubric
An ordinary person forged a lease contract between him and his neighbor by adding unagreed-upon clauses. This contract is considered a private document. What is the penalty imposed by law on this person?
Model answer
The committed act is forgery in private documents by means of addition.
The law punishes persons who commit forgery in private documents by one of the means of material forgery, including addition (Article 471).
The penalty specified for this act is imprisonment from one to three years.
In addition to imprisonment, a financial fine of at least one hundred thousand Liras is imposed.