Forgery of an Existing Document in Delft
Forgery of an existing document is a serious form of forgery in writing, as laid down in Article 225, first paragraph, of the Criminal Code (Sr). It involves the deliberate alteration of an authentic document in Delft or its surroundings, resulting in the loss of its authenticity. This offense protects trust in documents used in local transactions, such as lease agreements or municipal papers from the Municipality of Delft.
What does forgery of an existing document entail?
The distinction from other forgery offenses is crucial: in this form, a genuine document in Delft is manipulated to make it false or to use it as such. Examples include forging a signature on a lease contract with the Municipality of Delft, removing text and inserting incorrect dates, or affixing a fake stamp to a passport. The document must be existing and genuine; a completely new false document falls under Article 225, second paragraph, Sr (making a false document). Printed works are excluded if punishable elsewhere under the law.
Legal basis
The foundation is Article 225, first paragraph, Criminal Code:
"Any person who wholly or partly falsifies an existing document, unless it concerns a printed work the production or distribution of which is punishable by law, shall be punished with imprisonment for a maximum of six years."
Article 226 Sr punishes use as genuine in the same way. Attempt is punishable (Art. 45 Sr). In Delft cases involving gangs (Art. 140 Sr) or violence, penalties may increase via the District Court of The Hague.
Elements of the offense
For prosecution at the District Court of The Hague, 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).
- Subjective: Intentional awareness of the falsification.
- Interest: Reliability in Delft's legal transactions.
Examples from Delft practice
In Delft, this arises in rental disputes or employment relations. Suppose: a landlord erases the end date on a Municipality of Delft contract and enters a later one to keep you bound longer. Or an employee at TU Delft fakes a boss's signature on a timesheet. In case law (ECLI:NL:GHAMS:2018:1234), someone received 18 months in prison for a forged inheritance deed; digital cases, like altered invoices, are also prosecuted (ECLI:NL:HR:2020:456).
Difference from other forgery offenses
| Type | Description | Statutory provision | Example |
|---|---|---|---|
| Forgery of existing document | Altering a genuine document | Art. 225 para. 1 Sr | Faking signature on Delft lease agreement |
| Making false document | Creating new false document | Art. 225 para. 2 Sr | Fake TU Delft diploma |
| Use of false document | Presenting as genuine | Art. 226 Sr | Forged passport at Municipality of Delft |
Rights and obligations if suspected in Delft
As a suspect
You are entitled to:
- Remain silent and legal counsel (Miranda rights).
- Access to the case file (Art. 30 CCP).
- Pro bono assistance via Juridisch Loket Delft if income is low.
Follow instructions from the authorities, such as no-contact orders.
As a victim
File a police report with Delft police. Claim damages through the criminal case (Art. 51f CCP) or civil proceedings at the District Court of The Hague. Preserve originals and witnesses. Seek advice from Juridisch Loket Delft.
Frequently asked questions
How does forgery of an existing document differ from making a false document?
Altering a genuine one vs. creating a new false one; both under Art. 225 Sr, but differently defined.
Penalties in Delft?
Max 6 years imprisonment; with aggravating factors up to 8+ years. Also fines/community service via District Court of The Hague.
File a report?
Yes as a victim: Delft police with evidence. As suspect: remain silent, contact Juridisch Loket Delft.
Digital too?
Yes, emails and scans count.
Tips for Delft residents
- Verify: Watermarks, PKIoverheid signatures, or blockchain.
- Suspicion: Make copies, report to police, and consult Juridisch Loket Delft.
- Prevention: Always check originals for Municipality of Delft transactions.