Creating false documents. Waiver of the sentence. Groundlessness

  • Cristian Valentin Ștefan Prosecutor’s Office attached to the Târgu Mureș Court of Appeal
Keywords: creating false documents, waiver of the sentence

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.

Published
2021-06-01