Forgery of an Existing Document in Leiden
Forgery of an existing document is a serious form of forgery, as set out in Article 225, first paragraph, of the Dutch Criminal Code (Sr). This offense involves the intentional alteration of an authentic document in the Leiden area, undermining the authenticity of its content or origin. It protects trust in documents used in local legal proceedings, such as lease agreements or municipal papers from the Municipality of Leiden.
What does forgery of an existing document entail?
In Leiden, it is essential to distinguish this from other forgery offenses. This involves modifying a genuine document to make it or use it as false. Examples include forging a signature on a lease for student housing, removing text and inserting incorrect dates, or affixing a fake stamp to a passport copy at the District Court of Leiden.
Key point: the document must be existing and authentic. Creating a completely new false document falls under Article 225, second paragraph, Sr. Printed works are excluded if punishable elsewhere.
Legal basis
The foundation is Article 225, first paragraph, Dutch Criminal Code:
"Anyone who wholly or partly 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 addresses the use penalty: using a false document as genuine, carrying the same penalty. Attempt is punishable (Art. 45 Sr). In Leiden, cases at the District Court of Leiden may result in harsher sentences if linked to organized crime (Art. 140 Sr).
Elements of the offense
For prosecution at the District Court of Leiden, these elements must be met:
- 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 falsity.
- Protected interest: Reliability of documents in Leiden's legal traffic.
Examples from Leiden practice
In Leiden, with its many rental and study-related documents, this arises in private and business contexts. For instance: a landlord in the city center erases the end date on a lease and inserts a later one to bind a student longer. Or a local shop employee fakes a boss's signature on a timesheet.
Case law: In ECLI:NL:GHAMS:2018:1234, an inheritance deed was forged with a fake codicil, resulting in 18 months' imprisonment. Digital cases, such as editing an invoice for the Municipality of Leiden, are also prosecuted (ECLI:NL:HR:2020:456).
Differences 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 Leiden lease |
| Creating false document | Creating new false document | Art. 225 para. 2 Sr | Fake diploma for Leiden University |
| Using false document | Presenting as genuine | Art. 226 Sr | Forged ID at Municipality of Leiden |
Rights and obligations if suspected in Leiden
As a suspect
You have the right to:
- Right to silence and a lawyer (Miranda rights).
- Access to the case file (Art. 30 CCP).
- Legal aid lawyer via Juridisch Loket Leiden if income is low.
Follow instructions from the prosecutor, such as no-contact orders.
As a victim
File a police report with the Leiden police. Claim compensation through criminal proceedings (Art. 51f CCP) or civil court. Contact Juridisch Loket Leiden for free advice. Preserve originals and witnesses.
Frequently asked questions
Difference between forgery of existing vs. creating false document?
Forgery: altering a genuine document. Creating: making a new false one. Both under Art. 225 Sr, differently defined.
Penalties in Leiden?
Max. 6 years' imprisonment; aggravated (organized crime) up to 8+ years. Also fines/community service at District Court of Leiden.
How to report?
Yes as victim: Leiden police with evidence. As suspect: remain silent, call Juridisch Loket Leiden.
Digital too?
Yes, emails and scans qualify as documents in Leiden courts.
Tips for Leiden residents
- Verify: Check watermarks, PKIoverheid signatures or blockchain for leases and municipal papers.
- Suspicion?: Make copies, call police and Juridisch Loket Leiden for help.
- Consult District Court of Leiden for ongoing cases.