Creating false documents. Waiver of the sentence. Groundlessness

Abstract

The solution of waiving the sentence, pronounced against the defendant L.K., is unfounded, because the condition that the offence committed has a low gravity - studied through criteria like the manner and circumstances of the offence and the nature and extent of the consequences - is not met. Concerning the first criterion, the offence of creating false documents was committed in a continuous form and was composed by a large number of material acts. Concerning the second criterion, the same offence created a state of danger for the public confidence in the veracity of the intellectually falsified authentication rulings, the abolition of which leads to the absolute nullity of the authenticated documents.