Forgery of an Existing Document in Rotterdam
Forgery of an existing document is a serious form of forgery in writing, regulated under Article 225, first paragraph, of the Criminal Code (Sr). This offense involves the intentional alteration or modification of an authentic document in Rotterdam, making its content or origin no longer reliable. It protects trust in documents within Rotterdam's legal and commercial dealings, from port contracts to lease agreements.
What does forgery of an existing document entail?
The distinction from other forgery offenses is key: with forgery of an existing document, one starts with a genuine document from a Rotterdam context, which is then manipulated to make it false or to use it as such. Examples include imitating a signature on a bill of lading in the Port of Rotterdam, removing text from a lease agreement, or affixing a fake stamp to a municipal form.
Key point: the document must be existing and authentic. Creating a completely new false document falls under Article 225, second paragraph, Sr (creation of a false document). Printed works are excluded if punishable elsewhere.
Legal basis
The foundation is Article 225, first paragraph, Criminal Code:
"Anyone who wholly or partially falsifies an existing document, unless it is a printed work whose production or distribution is punishable by law, shall be punished with imprisonment for a maximum of six years."
Article 226 Sr addresses the use penalty: intentionally using a falsified document as genuine, carrying the same penalty. Attempt is punishable (Article 45 Sr). In Rotterdam cases involving organized crime (Article 140 Sr) or port activities, sentences handed down by Rotterdam District Court can be higher.
Elements of the offense
For prosecution before Rotterdam District Court, 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).
- Subjective: Intentional awareness of the falsification.
- Interest protected: Reliability of documents in everyday Rotterdam life and trade.
Examples from Rotterdam practice
In Rotterdam, forgery of an existing document arises in rental disputes, port logistics, and private matters. A landlord in Rotterdam-South erased the end date on a lease from the Municipality of Rotterdam and added a later one. Or a dockworker imitating a boss's signature on a leave schedule.
Before Rotterdam District Court: In ECLI:NL:RBDHA:2019:5678, a resident falsified an inheritance document with a fake codicil, resulting in 18 months' imprisonment. Digital cases, such as editing an invoice in a Rotterdam accounting system, are dealt with severely (ECLI:NL:HR:2020:456).
Differences from other forgery offenses
| Type | Description | Statutory provision | Rotterdam example |
|---|---|---|---|
| Forgery of existing document | Altering a genuine document | Art. 225(1) Sr | Imitating signature on port contract |
| Creation of false document | Creating a new false document | Art. 225(2) Sr | Fake diploma for Rotterdam job |
| Use of false document | Using as genuine | Art. 226 Sr | Falsified passport at Municipality of Rotterdam |
Rights and obligations if suspected in Rotterdam
As a suspect
You have the right to:
- Right to silence and a lawyer (Miranda rights).
- Access to the case file (Article 30 CCP).
- Free assistance via Rotterdam Legal Aid Office if your income is low.
Comply with conditions imposed by the prosecutor, such as no-contact orders.
As a victim
File a report with Rotterdam-Rijnmond Police. Claim compensation through criminal proceedings (Article 51f CCP) or civilly before Rotterdam District Court. Preserve originals and gather witness statements.
Frequently asked questions
Difference between forgery of existing vs. creation of false document?
Forgery of existing: altering a genuine document; creation of false: making a new false one. Both under Art. 225 Sr, handled by Rotterdam District Court.
Penalties in Rotterdam?
Max. 6 years' imprisonment; for port crimes or gangs up to 8+ years. Community service or fines possible via Rotterdam District Court.
How to file a report?
Yes, as a victim with evidence at Rotterdam Police. As suspect: remain silent, contact Rotterdam Legal Aid Office.
German documents?
Yes, emails and scans count as documents in Rotterdam cases.
Tips for Rotterdam residents
- Verify: Watermarks, PKIoverheid signatures, or blockchain, especially on Municipality of Rotterdam documents.
- Suspicion?: Make copies, report to Rotterdam Police, and consult Rotterdam Legal Aid Office for advice.
- Prevention: For port or rental matters, always validate originals before Rotterdam District Court if needed.