A standard interpretation of the crime of forging official documents of state organs
Interpretation of the filing standard of the crime of forging official documents of state organs: this crime is an act of committing a crime. As long as the perpetrator commits the act of forging official documents of state organs, it constitutes a crime in principle and should be investigated. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
criminal law
Article 280 Whoever forges, alters, buys or sells or steals, seizes or destroys official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Whoever forges the seals of companies, enterprises, institutions or people's organizations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined.
Second, how to constitute the crime of forging official documents of state organs?
The following four elements constitute the crime of forging official documents of state organs:
1. The object of infringement is the normal management activities and reputation of state organs.
2. The criminal subject has committed the act of forging official documents of state organs.
3. The subject of crime is a natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility.
4. Subjectively, it can only be direct and intentional.
Can the crime of forging official documents of state organs be released on bail pending trial?
The crime of forging official documents of state organs can be released on bail pending trial, but it must comply with relevant regulations. Find a legal website to remind you of the conditions for bail pending trial:
1. May be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
2. It may be sentenced to more than fixed-term imprisonment, and bail pending trial will not cause social danger;
3. Women who are seriously ill, unable to take care of themselves, pregnant or breast-feeding;
4. The detention period expires, and the case has not yet been settled, so it is necessary to get a bail pending trial.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
criminal law
Article 280 Whoever forges, alters, buys or sells or steals, seizes or destroys official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Whoever forges the seals of companies, enterprises, institutions or people's organizations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined.