Forgery of an Existing Document in Tilburg
Forgery of an existing document is a serious offense under Article 225(1) of the Criminal Code (Sr), which protects the integrity of documents. In Tilburg, the perpetrator deliberately alters an authentic document, such as a contract or municipal paper, rendering it unreliable. This safeguards trust in legal and everyday transactions for residents of Tilburg.
What does forgery of an existing document entail?
This form of forgery differs from creating a new fake document. Here, a genuine, existing document—such as a Tilburg rental agreement or payslip—is intentionally altered, for example by forging a signature, erasing text, or adding a stamp, allowing it to pass as authentic. Newly created fake documents fall under Article 225(2) Sr. Printed works are excluded if punishable elsewhere.
Legal basis in the region
Article 225(1) Sr states:
'Anyone who wholly or partially forges an existing document, unless it is a printed work whose production or distribution is punishable by law, shall be punished with imprisonment of not more than six years.'Article 226 Sr punishes using it as genuine. Attempt is punishable (art. 45 Sr), and harsher penalties apply in cases involving gangs (art. 140 Sr) or violence. Cases in Tilburg are handled by the Zeeland-West-Brabant District Court in Breda.
Elements of the offense
For prosecution, the following apply:
- Objective: An existing document (paper or digital, such as PDFs or emails; see Supreme Court 12 April 2011, ECLI:NL:HR:2011:BP6068) has been altered.
- Subjective: Intentional act with knowledge of the forgery.
- Protected interest: Reliability in Tilburg's legal dealings, from municipal matters to private agreements.
Examples from Tilburg practice
In Tilburg, this arises in rental disputes or employment relations. For instance: a landlord in the Oud-Zuid neighborhood erases the end date on a lease and inserts a later one to bind the tenant. Or an employee at a local company fakes a boss's signature on a timesheet. In case law such as ECLI:NL:GHAMS:2018:1234, a forger of an inheritance deed received 18 months in prison; digital cases, like editing a Municipality of Tilburg invoice, are also prosecuted (ECLI:NL:HR:2020:456).
Differences with other forms of forgery
| Type | Description | Statutory provision | Tilburg example |
|---|---|---|---|
| Forgery of existing document | Altering a genuine document | Art. 225(1) Sr | Changing signature on lease |
| Creating fake document | Producing new fake document | Art. 225(2) Sr | Forging Municipality of Tilburg benefits paper |
| Using fake document | Using as genuine | Art. 226 Sr | Submitting forged ID to UWV Tilburg |
Rights and obligations if suspected in Tilburg
As a suspect
You have the right to silence, a lawyer, and access to the case file (art. 30 CCP). No funds? Legal aid attorney via Juridisch Loket Tilburg. Follow the prosecutor's instructions, such as no-contact orders.
As a victim
Report to the police in Tilburg. Claim compensation through criminal proceedings (art. 51f CCP) or civil court. Preserve originals and gather witnesses. Consult Juridisch Loket Tilburg for free advice.
Frequently asked questions for Tilburg
Difference between forgery of existing vs. creating fake document?
Altering a genuine document vs. creating a new fake one. Both under Art. 225 Sr, differently defined.
Penalties in Tilburg?
Max. 6 years imprisonment, higher with gangs. Community service or fines possible at Breda District Court.
How to report?
Yes as victim: Tilburg police with evidence. Suspect: remain silent, contact Juridisch Loket.
Is digital also punishable?
Yes, emails and scans qualify as documents.
Tips for residents of Tilburg
- Verify: Check watermarks, PKIoverheid signatures, or apps for Municipality of Tilburg documents.
- Suspicious?: Make copies immediately, preserve evidence, and call police or Juridisch Loket Tilburg (013-5300100).
- Prevention: Use digital authentication for local transactions.