RechtsbegriffDänemark

forgery

Document forgery under Danish Penal Code § 171, punishable by fine or up to 2 years

Definition

Forgery, under Danish criminal law, is the act of producing, altering or using a document or object in a way that gives it a false or misleading appearance of authenticity. The main legal basis is the Danish Penal Code (straffeloven) § 171 on document forgery, while the sentencing framework is set out in § 172. A document is regarded as false in the criminal law sense when it does not originate from the stated issuer, or when it has been given content that does not come from that issuer. It is therefore not only the physical production of a false document that is punishable, but also the alteration of a genuine document so that it acquires content the issuer has not approved.

The penalty for document forgery is a fine or imprisonment for up to 2 years. If the offence is of a particularly serious nature, or if it involves several connected offences, the penalty can rise to imprisonment for up to 6 years. Seriousness is assessed on the basis of, among other things, the extent of the harm, whether the forgery was systematic in character, and whether it was committed for the purpose of enrichment.

Forgery appears in a wide range of criminal contexts, including identity fraud, fraud, money laundering and organised crime. Typical examples are the production of false passports, driving licences, accounting documents or contracts. Criminal liability generally requires intent — that is, that the perpetrator knew and intended that the document was false or would be used as such.

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