- I counterfeited a salary statement and applied for a grant with the counterfeit statement. I was investigated and arrested by Kanda Police Station of the Metropolitan Police Department on suspicion of counterfeiting of a private document with seal…
- I counterfeited free movie tickets and sold them to multiple people. The victim report was filed and I got arrested and detained by Tomisaka Police Station of the Metropolitan Police Department on charge of counterfeiting securities and uttering counterfeit securities, and fraud.
1. Counterfeiting of Documents Case – Counterfeiting and Altering of Documents
In case of counterfeiting and altering of documents, charged offense differs depending on the type of documents and with or without seal and signature of the holder.
“Official document” means a document made officially by the public office or public officials such as health insurance card, driving license, residence certificate, family register, etc.
“Private document” is a document made under the name of a private citizen including application, contract, a written request for payment, receipt, authorization letter, etc.
“Document with seal” indicates a document which has seal or signature of the holder.
“Document without seal” means a document which does not have seal nor signature of the holder.
▼Offense and Statutory Penalty in Case of Counterfeiting and Altering of Documents
| Official Documents | Private Documents | |
| With Seal | Counterfeiting or Altering of an Official Document with Seal (Article 155(1)(2) of the Penal Code) Imprisonment with work for not less than one year but not more than ten years |
Counterfeiting or Altering of an Private Document with Seal (Article 159(1)(2) of the Penal Code) Imprisonment with work for not less than three months but not more than five years |
| Without Seal | Counterfeiting or Altering of an Official Document without Seal (Article 155(3) of the Penal Code) Imprisonment with work for not more than three years or a fine not exceeding 200,000 yen |
Counterfeiting or Altering of an Private Document without Seal (Article 159(3) of the Penal Code) Imprisonment with work for not more than a year or a fine not exceeding 100,000 yen |
| When uttered forfeit documents | Uttering of Counterfeit Official Documents (Article 158 of the Penal Code) The same punishment as in the case of counterfeiting or altering |
Uttering of Counterfeit Private Documents (Article 161 of the Penal Code) The same punishment as in the case of counterfeiting or altering |
In case where one counterfeited “documents with seal” or “official documents” (concretely speaking, where one counterfeits official documents or drawings by uttering seals or signatures of public office or public officials, or uttering counterfeit seals or signatures of public office or public officials), counterfeiting of a public document with seal is to be established. The statutory penalty of this crime is imprisonment with work for not less than one year not more than ten years.
“Counterfeiting” means that an unauthorized person to produce documents makes out a document uttering the name of other people without permission.
“Altering” represents that an unauthorized person makes a change to the non-essential part of the genuine document of other people. For example, altering the amount column of deposit or withdrawal of a saving passbook.
The crime of counterfeiting and altering of documents in the Penal Code includes” Falsifying Official Documents” consisting mainly of public officials, “False Entries in the Original of Notarized Deeds” that makes a false statement before a public officer and thereby causes the official to make a false entry in the original of a notarized deed, “Falsifying Medical Certificates” consisting mainly of doctors, and “Unauthorized Creation of Electromagnetic Records” regarding electromagnetic records.
2. Case of Counterfeiting of Securities – Crimes of Counterfeiting and Altering of Securities
Crimes of counterfeiting and altering of securities are the crimes that any person, for the purpose of uttering, counterfeits or alters a public bond, securities of a government agency, share certificate of a corporation or other securities.
The statutory penalty of crimes of counterfeiting and altering of securities is imprisonment for not less than three months not more than ten years. (Article 162(1) of the Penal Code)
“Securities” means a bond coupled with property rights, which is necessary to have a possession of a bond in order to exercise or transfer the rights.
Representative examples are: authentic documents, governmental bonds, company’s stock certificates. Others are: bill, check, debenture stock, train ticket, gift ticket, etc.
Regarding “counterfeiting” and “altering” of securities, as is the case with counterfeiting and altering of documents.
▼Counterfeiting of Documents and Securities
| Act that may constitute a crime | Punishment/Statutory Penalty |
| Counterfeiting and altering of securities (Article 162(1) of the Penal Code) | Imprisonment with work for not less than three months not more than ten years |
| Uttering of counterfeit securities (Article 163 of the Penal Code) | Imprisonment with work for not less than three months not more than ten years |
~Defense Activities in Case of Counterfeiting of Documents and Securities~
1. Pay the Damage and Settlement Negotiation
When there is no dispute whether the suspect or accused has committed counterfeiting of documents or securities, a lawyer does defense activities aiming at reaching the out-of-court settlement at the early stage. In case of uttering of counterfeit document, the lawyer moves the negotiation forward with the other party or the victim to whom the suspect or accused has used or the genuine holder whose name was used in the documents. If the settlement was reached at the investigation stage, a public prosecutor could decide not to prosecute the suspect. Once got the non-prosecution in the case of counterfeiting of documents or securities, the suspect will not face a criminal trial before a court nor have any criminal records.
2. Claim of Innocence
When investigated on suspicion of counterfeiting of documents or securities even though the suspect knows nothing about the charge, please consult with criminal lawyers as soon as possible. The lawyer plays an active role in obtaining non-prosecution or acquittal by asserting that the suspect produced the documents through introduction from the holder of the documents, it was due to omission in entry or error in writing, or the suspect did not intend to use the counterfeit documents.
3. Claim of Mitigating Circumstances
Even in the situation that the judgement of conviction is inevitable in the case of counterfeiting documents or securities, the lawyer aims at gaining the suspended sentence or reduction of sentence asserting the circumstances in favor of the accused such as the method of the perpetration or attitude of self-reflecting.
4. Activities for Early Release and Release on Bail
If got arrested and detained in the case of counterfeiting of documents or securities, the term of physical restraint may be extended for a long period of time. Lengthening of the period of physical restraint have harmful effects on subsequent social reintegration. For that reason, the lawyer acts for early release when the suspect got arrested and detained in the case of counterfeiting of documents or securities.
Lawyers of AICHI Criminal Cases Law Firm, who have rich experience in the case of counterfeiting of documents or securities, can give you the best advice. The lawyers specializing in criminal and juvenile cases personally provide with “free consultation”. We also provide for “the first interview service” that the shortest on the day, our lawyers personally go where the suspect is to have an interview.
