Forgery refers to the crime of falsifying a document, signature, banknote, artwork, or other item in order to deceive others. It is a serious criminal offense that can result in significant legal penalties. This article provides an in-depth examination of various forms of forgery recognized under UAE law, the corresponding legal provisions, and the severe punishments that await those found guilty of such offenses.
What is the Definition of Forgery under UAE Law?
Forgery is the process of making, adapting, or imitating objects or documents with the intent to deceive. It involves creating something false in order to gain an advantage. This includes counterfeiting money, creating fake artworks, forging signatures on legal paperwork, altering checks to steal money, and other deceptive activities. It is defined under Federal Law No. 3 of 1987 (Penal Code) in Article 216.
There are a few key aspects that generally distinguish forgeries from copies or replications:
- Intent to defraud or deceive – Forgeries are created with ill intent rather than for legitimate reproduction.
- False representation – Forgers will claim their work is legitimate or created by someone else.
- Value alteration – Changes are made to increase value or create some advantage.
Some common examples of items targeted by forgers include contracts, checks, currency, identification documents, historical artifacts, artworks, collectibles, and financial transaction records. The key point is that forgery usually involves official legal documents or instruments. Not every imitation qualifies as forgery – only those involving legal/money records falsified illegally.
What are the Different Types of Forgery Recognized in UAE?
There are a number of techniques used to create forgeries depending on the type of item being falsified. Common types of forgery include:
Document Forgery
This involves creating fake documents or altering information on legitimate documents for fraudulent purposes. Common targets include:
- Identity documents – Driver’s licenses, passports, social security cards.
- Financial documents – Checks, payment orders, loan applications.
- Legal paperwork – Contracts, wills, deeds, student records.
Typical techniques include counterfeiting, page substitution, laying new text over genuine documents, erasing or adding information, tracing signatures from other documents.
Signature Forgery
Signature forgery focuses specifically on falsifying someone’s unique handwritten name. Common targets include:
- Checks – Altering amount, payee name, or forging drawer signature.
- Legal documents – Forging signatures on wills, contracts, deeds.
- Artwork – Adding fake signatures to increase value.
- Historical items – Falsely attributing items to famous figures.
Forgers learn to carefully imitate aspects like letter shapes, pen rhythms, stroke order and pressure.
Counterfeiting
Counterfeiting involves making fake replicas of valuable items with the intent to defraud businesses and consumers. Targets include:
- Currency – Most counterfeited – $100 bills in the US. Up to $70 million circulation.
- Luxury goods – Designer clothes, watches, jewelry get copied.
- Credit/debit cards – Can be duplicated with stolen data.
- Tickets – Fake travel, event tickets sold online.
Sophisticated printers and new security features make modern counterfeits very convincing.
Art Forgery
Art forgery refers to creating works similar to those of renowned artists and passing them off as original paintings or sculptures. Motives include prestige, validation, and immense profits from eager art collectors willing to pay huge sums for rare, lost pieces.
Forgers dedicate years researching artists’ materials, techniques and styles. Many have considerable artistic talent themselves, meticulously studying stroke patterns, brushwork, craquelure patterns of paint and replicating fakes that can deceive top experts.
Digital Media Forgery
Advances in technology have enabled falsifying digital media including images, video, audio, websites and more. The rise of deepfakes demonstrates powerful AI-driven techniques for creating convincing fake videos of people doing or saying things they never actually did.
Other common techniques include photoshopping images, manipulating audio clips, spoofing websites, altering scanned documents, or fabricating screenshots and logos. These can be used for slander, misinformation, phishing attacks, identity theft and online scams.
Seal Forgery
Seal forgery is a specific type of forgery that involves the unauthorized creation, replication, or alteration of official seals or stamps used by government entities, organizations, or businesses. These seals serve as a means of validating the authenticity and legitimacy of important documents, contracts, certificates, and other official records.
The gravity of seal forgery lies in its potential to undermine the credibility and integrity of these essential documents. By creating counterfeit seals or modifying existing ones, perpetrators can produce forged documents that appear genuine, potentially leading to legal, financial, or reputational consequences for individuals or organizations.
What is the difference Between Forgery and Falsification?
| Aspect | Forgery | Falsification |
|---|---|---|
| Definition | Creating a false document, object or imitation from scratch with intent to deceive or defraud, as defined in Article 216 of the UAE Penal Code. | Altering or tampering with an originally genuine document or object in order to misrepresent facts, as per Article 215. |
| Examples | Counterfeiting currency, fake university degrees, forged artwork, false identities or signatures. | Modifying official reports, changing contract terms, adulterating product labels or specifications. |
| Intent | Clear intent to deceive by creating something completely false. | Intent to misrepresent the truth by altering genuine items. |
| Penalties | Temporary imprisonment and/or fine. For expatriates, deportation may apply in some cases. | Detention, fine and/or deportation depending on severity. Harsher for public officials. |
| Concurrence | If falsification occurs during the forgery process, both crimes are punishable separately. | If forgery is part of the falsification process, both are considered one crime with combined penalty. |
| Exemptions | Some exemptions for artworks, satire or when no fraudulent intent. | Very limited exemptions apply. |
| Other Crimes | Often linked to fraud, using forged documents, etc. | May also involve abuse of office or other violations. |
The main distinction is that forgery starts from scratch to create something completely false, while falsification deceitfully modifies genuine documents or objects. UAE laws address both crimes severely to uphold integrity.
What are the Punishments for Forgery in UAE?
Forgery offenses in the UAE are dealt with sternly, and penalties can be severe based on the type of crime committed. Here are the potential punishments for selected forgery offenses:
Document Forgery
- For official documents: Temporary jail time up to 10 years (UAE Penal Code Article 251)
- For unofficial documents: Court-determined imprisonment, less severe than official document forgery
- Using forged document copies: Up to 5 years behind bars (UAE Penal Code Article 217)
Signature Forgery
- Replicating signatures on documents falls under the punishments for document forgery crimes
Counterfeiting
- Counterfeiting currency is considered highly disruptive to the financial system
- Harsh sentences including lengthy imprisonment and steep fines apply
Art Forgery
- Penalties vary based on the value of the forged artwork and intent (deceiving buyers, tarnishing artist’s reputation)
- Can range from monetary fines to incarceration, depending on the specifics
Digital Media Forgery
- Under Federal Decree-Law No. 34/2021:
- Forging federal/local govt electronic documents: Temporary jail time and AED 150,000-750,000 fine
- Forging documents of other entities: Detention and/or AED 100,000-300,000 fine
Seal Forgery
- Considered part of document forgery offenses
- Subject to the punishments outlined for document forgery crimes
It’s clear the UAE takes a zero-tolerance approach to any kind of forgery, with penalties aimed at preventing such unlawful acts that undermine authenticity and trust.
Preventing Forgeries
Reducing fraud incidents requires comprehensive, layered prevention focused on:
Securing Documents
- Store sensitive items securely – safes, lock boxes, encrypted drives.
- Limit physical/digital access with locked offices, password policies.
- Employ surveillance cameras, alarms, security personnel.
Authentication Technology
- Biometrics – fingerprints, facial and iris recognition.
- Blockchain – distributed ledger for digital transactions.
- Digital signatures – encrypted identifiers verifying authenticity.
User Education
- Train personnel to spot forgeries – identify altered documents, watermarks, verification signs.
- Promote fraud awareness campaigns explaining risks and prevention policies.
Careful Hiring
- Thoroughly vet personnel before granting document or financial access.
- Conduct criminal background checks, credit checks, employment verification.
Forgery Detection Techniques
Several forensic techniques are utilized by investigators and document examiners to determine whether items are genuine or forgeries:
- Handwriting analysis – Comparing fonts, slants, stroke patterns, pressure and signing habits.
- Paper analysis – Studying watermarks, logos, chemical composition and fiber alignment.
- Ink verification – Testing color, chemical makeup, pooled thickness.
- Imaging – Microscopes, spectrometry, ESDA tests and computer imaging software.
Handwriting and document experts undergo extensive training to systematically analyze writing characteristics and modem security features. They provide detailed reports on their examinations and conclusions regarding authenticity.
For major artworks costing hundreds of thousands or works with questionable provenance, owners utilize scientific analysis to authenticate origin and uncover potential forgeries. Tests check materials, age dirt and grime layers, canvas stamps, radioisotope dating and segment infrared spectroscopy examining multiple paint layers.
What is the Procedure for Filing a Forgery Case in Dubai?
If you suspect that you are a victim of forgery in Dubai, you can file a case with the Dubai Police. The first step is to go to the nearest police station and file an official complaint. Be prepared to provide details about the incident, any evidence you may have, such as forged documents or objects, and any information about the suspected perpetrator(s).
After lodging the complaint, the police will investigate the matter thoroughly. They may request additional documentation or evidence from you, and may also summon the accused for questioning. Depending on the complexity of the case, the investigation process can take some time.
Once the police have gathered sufficient evidence, they will forward the case to the Public Prosecution. The prosecutor will then review the case and decide whether to press charges or not. If charges are filed, the case will proceed to the Dubai Courts, where it will be tried according to the UAE’s laws on forgery. It’s advisable to seek legal counsel to guide you through the judicial process.
How a Specialized Lawyer can help?
Navigating a forgery case in the UAE can be an intricate and daunting process, given the serious nature of the offense and the complexities involved in the country’s legal system. Seeking assistance from a lawyer who specializes in handling forgery cases can prove to be invaluable in such situations.
A specialized lawyer will possess in-depth knowledge and a thorough understanding of the relevant laws, court procedures, and evidentiary requirements specific to forgery offenses. They can provide expert guidance on building a strong case, gathering and presenting evidence effectively, and representing you competently in court. Their familiarity with the nuances of such cases can be crucial in formulating the right legal strategies.
Moreover, an experienced forgery lawyer can offer valuable insights into the potential outcomes and consequences of the case, enabling you to make informed decisions. They can also negotiate with the authorities on your behalf, advocate for your rights, and ensure that the legal process is fair and transparent. Their expertise in handling similar cases can significantly increase your chances of achieving a favorable resolution.
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