The use of a document attesting an untruth. Review of literature and judicature.

• Authors: Jankowska-Prochot, Izabela

Abstracts

EN

This article is devoted to criminal issues under Article 273 of the Criminal Code involving the use of a document attesting an untruth. The specific nature of this influenced the structure of the article. It is composed of an introduction, an exposition of four substantive areas and a summary. In the first section, which is of an introductory nature, the author analyses the construction of criminal law pertaining to documents and items of generic and individual legal protection. Attention is also drawn to the role of public confidence in documents and to the reliability of activities of state institutions and local government. Dogmatic considerations, which are an important element of this article, are supported by a comprehensive presentation of the opinions contained in the Polish literature.In the second section the criteria for a causative act of using a document are defined. In this case, beyond insights of a general nature, reference is made to jurisprudence opinion.The third section presents detailed definitions of documents attesting an untruth made by the issuer, and as a result of an issuer being misled, based on an analysis of existing legislation, doctrine and the jurisprudence of common courts. The last section is devoted to an executing entity referred to in Article 273 of the Criminal Code and the criminal sanctions threatened for this act. The concluding section of the study constitutes a recapitulation of the preceding considerations.

Keywords

EN

Forgery; document; attestation of an untruth; use of a document; deceitful extortion of attestation of an untruth

• Publisher: Akademia Policji w Szczytnie
• Journal: Internal Security
• Year: 2016
• Volume: 8(1)
• Pages: 137-146

Contributors

author

Jankowska-Prochot, Izabela

Identifiers

DOI

10.5604/20805268.1231547