نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Forgery of official documents by notaries and notaries is an important issue that has a destructive effect on public order, security, and trust. This has made it necessary to examine it in a comparative manner. The purpose of this article is to examine the fundamental question In Iranian and French law, under what circumstances is forgery of official documents considered a crime and what punishment is prescribed for it? This article is descriptive and analytical and uses a library method to examine the question in question. The findings indicate that in Iranian law, two types of material forgery and spiritual forgery are foreseen. Spiritual forgery is committed simultaneously and simultaneously during the preparation of a document or writing, while material forgery is committed after the in spiritual forgery appears in the form of changing and distorting the meaning and concept of the content of the document or writing. In French law, like in Iranian law, two types of material and spiritual forgery are accepted, with the difference that in French law, general malice is sufficient to establish the spiritual element, and there is no need to prove specific malice, that is, the intention to harm another. Unlike Iranian law, which has cited examples, the French legislator has criminalized forgery by providing a comprehensive definition that prevents it from being committed by any means and method.
کلیدواژهها English