Falsification of Document

Punishable:

(1) 7 years imprisonment

(2) 7 years imprisonment

Offence Definition

(1) A person commits a summary offence if —

( a) the person dishonestly damages, destroys, alters, conceals or falsifies a document; and

(b) the document is —

(i) kept, retained or issued for the purposes of any law; or

(ii) made by a government entity or a person in the capacity of a public official; or

(iii) held by a government entity or a person in the capacity of a public official; and

(c) the first-mentioned person does so with the intention of:

( i) obtaining a gain; or

(ii) causing a loss

(2) A person commits a summary offence if —

(a) the person dishonestly damages, destroys, alters, conceals or falsifies a document; and

(b) the person does so with the intention of:

(i) obtaining a gain from another person; or

(ii) causing a loss to another person; and

(c) the other person is a government entity

Legislation

Definition & Punishment: Section 160 (1) and (3) of the Crimes Decree 2009.

Points to Prove

(a) 1. dishonestly damages, destroys, alters, conceals or falsifies a document; AND

2. Document is kept, retained or issued for the purposes of any law OR

3. Made by a Government entity or a person in the capacity of a public official OR

4. Held by a Government entity or a person in the capacity of a public official AND

5. The suspect intends to obtain a gain OR

6. Cause a loss

(b) 1. dishonestly damages, destroys, alters, conceals or falsifies a document; AND

2. Intends to obtain a gain from another OR

3. Cause a loss to another AND

4. The other person is a Government entity

Notes: Section 160 (2): Absolute liability applies to the paragraph (1)(b) element of the offence. Section 160 (4):In a prosecution for an offence against sub-section (3), it is not necessary to prove that the defendant knew that the other person was a government entity.