When the use of non-genuine documents becomes a crime

Receiving a charge for the use of a forged document is a circumstance that generates immediate apprehension and uncertainty about one's judicial future. Whether it involves submitting untruthful documentation to a credit institution, an employer, or a public body, the legal implications can be severe and complex. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the state of mind of those involved in such matters, often stemming from difficult circumstances or an underestimation of current regulations. The primary objective at this stage is to provide a clear picture of the situation and prepare a rigorous technical defense to protect the client's position.

The regulatory framework: between decriminalization and new risks

The regulation of document forgery in Italy has undergone significant changes in recent years, making a precise analysis of each specific case indispensable. The Italian Penal Code clearly distinguishes between forgery in public acts and forgery in private writings. While the use of a forged public act remains a serious crime, punishable by imprisonment, forgery in private writings was decriminalized in 2016, transforming into a civil offense subject to monetary penalties. However, it is crucial not to make a mistake: if the use of a forged private writing (such as a counterfeit payslip or an altered balance sheet) is instrumental in obtaining an unjust profit at the expense of others, the crime of fraud (Article 640 of the Penal Code) is constituted. Therefore, the conduct is not assessed in isolation, but in the context of the objective the perpetrator intended to achieve.

The approach of Studio Legale Bianucci in defense for forgery offenses

Avv. Marco Bianucci, an expert criminal lawyer in Milan, handles cases of forged document use by starting with a detailed technical examination of the disputed documentation. The defense strategy is not limited to mere denial but explores every relevant legal aspect: from verifying the psychological element (intent, i.e., the knowledge and will to use the forged document) to assessing the quality of the forgery. In many cases, in fact, if the forgery is so crude as to be immediately recognizable at first glance, the crime might be excluded due to the inadequacy of the action (so-called impossible crime). The firm's approach aims to contextualize the conduct, assessing whether there are grounds for a request for dismissal, for a reclassification of the crime, or for access to alternative proceedings that can minimize the sanctionary impact on the client.

Frequently Asked Questions

What are the risks if I submitted a fake payslip to get a loan?

Even though the forgery of a payslip (private writing) has been decriminalized, using it to obtain financing that would not otherwise have been granted almost always constitutes the crime of fraud or attempted fraud against the credit institution. The technical defense will aim to assess whether the disbursement actually occurred due to that document or if there were other guarantees, as well as to negotiate possible repayment plans to mitigate the procedural position.

Am I liable for the crime even if I didn't physically forge the document myself?

Yes, Article 489 of the Penal Code specifically punishes the use of a forged document, regardless of who physically counterfeited it. However, for the crime to be constituted, it is necessary to prove that the user was aware of the document's falsity. The absence of intent, i.e., the good faith of someone using a document believing it to be genuine, is one of the cornerstones on which Avv. Marco Bianucci can build the defense strategy.

What is the difference between material forgery and ideological forgery?

Material forgery occurs when a document is physically counterfeited (created from scratch) or altered (modified in dates or amounts). Ideological forgery, on the other hand, occurs when a document, while genuine in its external form and origin, contains untrue statements. Both conducts are criminally relevant, but they require different defensive approaches that an experienced criminal lawyer will be able to identify after analyzing the documents.

Is the use of a forged document punishable even if it causes no harm to anyone?

For crimes of forgery in public acts, the law protects "public faith," meaning the trust that the community places in the veracity of certain documents, so the crime can exist even without direct financial damage to third parties. For private writings, however, after decriminalization, criminal relevance emerges almost exclusively when the use is aimed at committing other crimes, such as fraud, which presuppose harm to others.

Request an assessment of your legal position

Facing criminal proceedings for the use of forged documents requires expertise and promptness. If you have received a notice of investigation or fear being involved in an investigation for document forgery offenses, it is essential not to make hasty statements and to rely on a professional. Contact Avv. Marco Bianucci at his Milan office to schedule a confidential consultation. Together, we will evaluate the documentation and define the most suitable defense strategy for your specific case.