The crime of counterfeiting, altering, and trading in official documents, certificates, and seals of state agencies refers to the behavior of perpetrators illegally manufacturing, forging, and buying and selling official documents, certificates, and seals of state agencies. Criminals who commit the crime of forging, altering, or buying and selling official documents, certificates, and seals of state agencies will not only be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights, but also be sentenced to a fine. If the crime is serious, he will not only be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years, but also a fine.
What are the constituent elements of the crime of forging state agency documents
1. Object elements. The objects of this crime are official documents, certificates, and seals, and are limited to official documents, certificates, and seals of state agencies.
2. Objective requirements. The objective aspect of this crime is the act of forging, altering, and buying and selling official documents, certificates, and seals of state agencies. The so-called forgery refers to having no right to make false certificates, documents, and seals, including illegally making false certificates, documents, and seals when no certificates, documents, or seals exist, and also including imitating the characteristics of certificates, documents, or seals when they exist Copy or forge another false certificate, document or seal.
3. Subjective requirements. Find the Law Network reminds you that the subjects of the crime of forging, altering, and trading in official documents, certificates, and seals of state agencies are general subjects. That is, anyone who has reached the legal age of criminal responsibility and has the ability to commit criminal responsibility can constitute the crime of forging, altering, or buying and selling state agencies. Official documents, certificates and seals.
4. Subjective requirements. The crime of forging, altering, and trading in official documents, certificates, and seals of state agencies can only be caused by direct intention. Indirect intentionality and negligence do not constitute the crime of forging, altering, or buying and selling official documents, certificates, and seals of state agencies.
The crime of forging state agency documents
How many years in prison is the crime of forging state agency documents
The perpetrators of the crime of forging state agency documents shall be sentenced to a minimum of three years in prison. , criminal detention, control or deprivation of political rights. 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. The subject of this crime is a general subject, that is, as long as he reaches the age of criminal responsibility and has the ability to commit criminal responsibility, he can constitute this crime.
Article 280, Paragraph 1, of the "Criminal Law of the People's Republic of China" stipulates: Whoever forges, alters, buys and sells, or steals, robs, or destroys official documents, certificates, or seals of state agencies shall be sentenced to not more than three years in prison. Fixed-term imprisonment, 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.
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Legal basis:
"Criminal Law of the People's Republic of China"
Article 280: Forgery, alteration, trading or theft, robbery or destruction of state organs Anyone who produces official documents, certificates, or seals 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 and not more than 10 years, and shall also be fined. and impose a fine.
Whoever forges the seal of a company, enterprise, institution, or people's organization 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.
Whoever forges, alters, buys or sells resident identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. 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 seven years, and shall also be fined.