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The Crime of Using Forged Documents as Evidence in a Lawsuit or Investigation | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 9, Volume 15, Issue: 2 part 2, December 2025, Pages 197-225 PDF (742.22 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.158763.1489 | ||
| Author | ||
| Kawthar Ahmed Khaland* | ||
| University of Salahuddin - College of Law - Department of Law | ||
| Abstract | ||
| The Iraqi legislator addressed the crime of forgery of official and ordinary documents, and also criminalized their use as an independent crime in Chapter 3 of Book II of the Penal Code No. 111 of 1969, as amended, in addition to criminalizing the use of the documents referred to in paragraph 4 of Article 255 of the aforementioned Code. Because of the great importance of documents in evidence. Modern scientific developments and the need to speed up transactions between individuals have led to the use of means that parallel these developments, leading to the emergence of the so-called electronic or informational documents. However, the organization dealt with the crime of using forged documents to prove in a case or investigation within the articles dedicated to the crime of false testimony in paragraph (4) of Article (255), and mentioned in it words that differ from what is contained in Articles (286 and 289) for the crime of forgery and use of documents. This raises the question of the place of this crime in terms of its consideration of documents, and in terms of its elements and penalty. Therefore, the study aims to clarify the provisions of this crime and the extent to which it differs from the provisions of the crime of using forged documents in general. In particular, researchers and specialists in the field of law have not addressed this crime. By following the analytical approach to the legal texts related to this crime and then explaining its rulings. | ||
| Keywords | ||
| use of forger; forgery; proof; lawsuit | ||
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