Forgery of an Existing Document in Rijswijk
Forgery of an existing document is a serious form of falsification in writing, as regulated in Article 225(1) of the Criminal Code (Sr). It involves the intentional alteration of an authentic document in Rijswijk, resulting in the loss of its authenticity regarding content or origin. This offense protects trust in documents used in local transactions, such as lease agreements with the Municipality of Rijswijk or contracts in the region.
What does forgery of an existing document entail?
The key distinction from other forgery offenses is essential: this form begins with a genuine document from Rijswijk and modifies it to make it false. Examples include forging a signature on a lease agreement, removing dates and inserting false information, or affixing a fake stamp to a municipal form. The document must be existing and authentic; creating a completely new false document falls under Article 225(2) Sr (making a false document). Printed works are excluded if punishable elsewhere.
Legal basis
The foundation is Article 225(1) of the Criminal Code:
"Anyone who wholly or partially 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 punishes use as genuine in the same way. Attempt is punishable (Article 45 Sr). In Rijswijk, cases at the District Court of Rijswijk may escalate with organized crime (Article 140 Sr) or violence, leading to harsher penalties.
Elements of the offense
For prosecution at the District Court of Rijswijk, these must be present:
- Objective: An existing document (paper or digital, such as PDFs or emails; see Supreme Court 12 April 2011, ECLI:NL:HR:2011:BP6068) that has been forged.
- Subjective: Intentional conduct with knowledge of the falsity.
- Protected interest: Reliability of documents in Rijswijk's legal transactions.
Practical examples in Rijswijk
In Rijswijk, this arises in local rental disputes or employment relations. For instance: a landlord on Sir Winston Churchill-laan erases the end date on a lease and inserts a later one to bind the tenant. Or an employee forges the boss's signature on a timesheet for leave. From case law: ECLI:NL:GHAMS:2018:1234, where a falsified codicil on an inheritance deed led to 18 months' imprisonment. Digital cases, such as altering invoices, are also covered (ECLI:NL:HR:2020:456).
Differences from other forgery offenses
| Type | Description | Statutory provision | Rijswijk example |
|---|---|---|---|
| Forgery of existing document | Altering a genuine document | Art. 225(1) Sr | Changing signature on lease agreement |
| Making false document | Creating new false document | Art. 225(2) Sr | Forging Municipality of Rijswijk benefits paper |
| Use of false document | Presenting as genuine | Art. 226 Sr | Submitting forged passport to Municipality |
Rights and obligations if suspected in Rijswijk
As a suspect
You have the right to:
- Right to silence and a lawyer.
- Access to the case file (Article 30 CCP).
- Legal aid via Het Juridisch Loket Rijswijk if your income is low.
Comply with conditions imposed by the prosecutor, such as no-contact orders.
As a victim
Report to Rijswijk police. Claim damages through criminal proceedings (Article 51f CCP) or civilly at the District Court of Rijswijk. Preserve originals and gather witness statements.
FAQs for Rijswijk
Difference between forgery of existing vs. making false document?
Forgery of existing: altering a genuine document. Making false: creating a new false one. Both under Art. 225 Sr, differently defined.
Penalties in Rijswijk?
Max. 6 years' imprisonment; aggravated (e.g., gang-related) up to 8+ years. Also fines/community service at District Court of Rijswijk.
How to report?
Yes as victim: Rijswijk police with evidence. As suspect: remain silent, contact Het Juridisch Loket Rijswijk.
Digital too?
Yes, emails and scans qualify as documents when used as genuine.
Tips for Rijswijk residents
- Always verify: Check watermarks, PKIoverheid signatures or blockchain on Municipality of Rijswijk documents.
- If suspected: Make copies immediately, preserve evidence and call Het Juridisch Loket Rijswijk for free advice (Rijswijk location).
- Prevention: Consult the Municipality of Rijswijk for secure digital authentication.