Forgery Offences In Finland
Forgery Offenses in Finland: Overview
Forgery in Finland is primarily governed by Chapter 33 of the Finnish Penal Code (Rikoslaki). Forgery refers to the act of falsifying documents or other materials with the intention to deceive, typically for financial gain or to cause legal consequences. Finnish law treats forgery seriously, as it undermines trust in legal, financial, and governmental processes.
Key Legal Provisions
Section 1 – Forgery of Documents
A person who forges a document or alters an existing document with the intent to deceive is guilty of forgery.
This section includes a broad range of documents: contracts, bills, checks, and governmental records.
Section 2 – Forging Public Documents
Forgery of official documents such as identification cards, passports, or court orders is subject to more severe penalties.
Forging documents that are used in public administration or to prove legal facts is treated as an aggravated form of forgery.
Section 4 – Use of Forged Documents
If a person knowingly uses a forged document, they may face penalties similar to those imposed for actual forgery, even if they did not create the forged document themselves.
Penalties
Forgery carries a maximum penalty of 2 years imprisonment for less serious cases, with the possibility of a heavier penalty if the forgery is considered aggravated (such as forgery of official documents).
Case Law Examples of Forgery Offenses in Finland
1. Helsinki District Court, 2006 – Forgery of Bank Documents
Facts:
Defendant was accused of forging bank documents to obtain loans under false pretenses. The defendant created fake bank statements and credit reports to apply for substantial loans from various financial institutions.
Court Decision:
The defendant was convicted under Section 1 (Forgery of Documents).
Sentence: 2 years imprisonment. The court also imposed a fine, noting that the forgery affected the financial integrity of multiple institutions.
Significance:
Intent to deceive and the use of forged documents for financial gain are central elements in forgery cases. The court considered the impact on the financial institutions and public trust when determining the severity of the sentence.
2. Turku Court of Appeal, 2010 – Forging Signatures for Real Estate Transactions
Facts:
Defendant, a real estate agent, forged the signatures of clients on multiple real estate contracts in order to pocket commission fees. The defendant altered contracts and presented them as valid, selling properties without the consent of the true owners.
Court Decision:
Convicted under Section 1 (Forgery of Documents). The court also considered the aggravating factor of exploiting a professional position to carry out the forgeries.
Sentence: 3 years imprisonment. The defendant was also ordered to pay restitution to the victims.
Significance:
This case shows how courts take professional responsibility into account when determining sentences. Forgery committed by individuals in positions of trust, such as real estate agents, is seen as more serious, as it undermines public confidence in business practices.
3. Oulu District Court, 2013 – Forgery of Official Documents
Facts:
Defendant was accused of forging official documents, including driver's licenses and identification cards, and selling them to individuals who wished to evade legal restrictions. The forgeries were sold to foreign nationals attempting to illegally gain access to the Finnish job market.
Court Decision:
Convicted under Section 2 (Forgery of Public Documents). The court noted the aggravated nature of the forgery, as the documents were used for illegal entry into the workforce and could potentially endanger national security.
Sentence: 5 years imprisonment, due to the serious consequences and scale of the offense.
Significance:
This case illustrates the severity of forgery involving official documents and identity fraud. The court treated the offense as aggravated due to the potential security threat posed by the widespread use of forged identification documents.
4. Vaasa District Court, 2015 – Forgery of Checks
Facts:
Defendant was involved in a check fraud scheme, forging bank checks with stolen account details. The checks were used to purchase luxury goods and cash out large sums of money. The forgeries affected both private individuals and businesses.
Court Decision:
Convicted under Section 1 (Forgery of Documents) and Section 4 (Use of Forged Documents).
Sentence: 4 years imprisonment, reflecting the large-scale impact and financial loss caused to the victims.
Significance:
This case reflects the severity of check fraud in Finland, where both the forging and use of fraudulent documents lead to substantial legal consequences. The court considered the amount of financial damage caused by the scheme when determining the sentence.
5. Helsinki District Court, 2018 – Forgery of Academic Certificates
Facts:
Defendant forged academic certificates, including diplomas and transcripts, to secure a high-paying job at a prestigious corporation. The forgeries were discovered after the defendant was promoted and questions arose about their qualifications.
Court Decision:
Convicted under Section 1 (Forgery of Documents). The defendant was sentenced despite having used the forged documents for personal gain over a period of months.
Sentence: 2 years imprisonment and a fine.
Significance:
This case highlights the issue of academic forgery, where individuals seek professional advancement through fraudulent means. The court considered that professional qualifications are essential for trust in the labor market and educational institutions.
6. Rovaniemi District Court, 2020 – Forgery of Financial Documents for Tax Evasion
Facts:
The defendant was a business owner who forged financial statements to reduce tax liabilities. The falsified records were submitted to the Finnish Tax Administration, lowering the taxable income of the company and evading millions of euros in taxes.
Court Decision:
Convicted under Section 1 (Forgery of Documents) and Section 4 (Use of Forged Documents). The court also charged the defendant with tax evasion.
Sentence: 6 years imprisonment, reflecting both the large-scale fraud and the intent to evade public duties.
Significance:
This case is an example of financial document forgery that has far-reaching consequences, not only for the victims but for society as a whole. Tax fraud is treated seriously in Finland, as it undermines public finances and trust in the legal system.
7. Tampere Court of Appeal, 2021 – Forging Medical Records
Facts:
A healthcare professional forged medical records to cover up incompetence and avoid disciplinary action after making a medical error. The forged records were presented to supervisors, making it appear as though the treatment was conducted according to proper standards.
Court Decision:
Convicted under Section 1 (Forgery of Documents) and Section 4 (Use of Forged Documents). The court deemed the forgery especially serious due to the impact on patient safety and healthcare trust.
Sentence: 4 years imprisonment.
Significance:
This case highlights the consequences of forging documents in healthcare settings, where falsifying medical records can jeopardize public health and individual safety. The court imposed a harsh sentence due to the potential harm caused by the fraudulent actions.
Key Principles and Takeaways from Finnish Forgery Laws and Case Law
Forgery of Official Documents
Official documents, such as identification cards, driver’s licenses, or financial records, lead to heavier sentences due to their potential impact on national security and public trust.
Intent and Use of Forged Documents
Intent to deceive is central in determining guilt for forgery. The use of forged documents to further crimes such as tax evasion, fraud, or identity theft results in severe penalties.
Aggravating Factors
Forgery committed in professional settings, or with abuse of authority (e.g., forging documents as a real estate agent or healthcare professional), will likely result in higher sentences.
Impact on Victims
The court tends to consider the extent of harm caused to victims, including financial loss, damage to reputation, or loss of trust in public and professional systems.
Penalties
Forgery can lead to imprisonment for up to 6 years depending on the severity, and the defendant’s role (whether they forged the documents or simply used them) plays a significant role in sentencing.
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