Allegation of Forgery
What is an allegation of forgery?
Allegation of forgery is a legal procedure allowing the authenticity of an official or private document used in court to be contested.
Which types of documents may be subject to forgery proceedings?
This includes any authentic act (e.g., notarial deeds, court decisions, bailiff’s reports) or private document (e.g., contracts, correspondence, debt acknowledgments) submitted as evidence in legal proceedings.
What are the legal requirements for initiating forgery proceedings?
The document must have been produced during legal proceedings, and its falsity must pertain to material elements likely to affect the outcome of the case.
Who is entitled to initiate forgery proceedings?
Any party involved in the legal proceedings where the disputed document was produced may initiate forgery proceedings.
How can forgery proceedings be initiated?
Forgery proceedings may be initiated before the court hearing the principal case or before the judicial court, either by issuing a summons or by submitting pleadings within the existing proceedings.
What are the immediate effects of a false registration?
The procedure generally results in the suspension of the decision on the merits until the validity of the contested act is definitively decided.
What is the difference between material fake and intellectual fake?
Material forgery involves physical alterations (false signature, addition of text, material modification). Intellectual forgery involves the content itself, such as creating an authentic document containing false information.
What happens if the forgery is recognized by the courts?
If the act is found to be false, it is excluded from the legal proceedings, and criminal sanctions may be imposed against its author.
Can a fake registration be removed?
Yes, the person filing the registration can withdraw their challenge, but the court can still continue the investigation if there is a public interest or if there is suspicion of serious fraud.
What are the risks in the event of an abusive false registration?
An abusive registration of false information exposes the person who introduced it to legal sanctions, such as damages or a conviction for abusive proceedings.
How long does a fake registration procedure take?
The duration varies depending on the complexity of the case, but generally, a forgery registration procedure lasts from several months to several years, depending on the case.
