Int. j. econ. manag. soc. sci., Vol(3), No (11), November, 2014. pp.

660-662

TI Journals

International Journal of Economy, Management and Social Sciences

www.tijournals.com

ISSN:
2306-7276

Copyright 2014. All rights reserved for TI Journals.

Coordinates and Elements of Crime Investigation Documents

Identification
Mojgan Sheikholeslami Baneh *
M. A student in Criminal law and criminology, Islamic Azad University, Khoramabad, Iran.

Ghobad Kazemi
Assistant professor, Islamic Azad University, Kermanshah, Iran.
*Corresponding author: Arvazl1392@email.com

Keywords

Abstract

Crime
Identification documents
Forging
Formed elements

Crime statistics in various countries, this is a good indication that the human civilization has been
developing rapidly not only the number of crimes has not diminished but also rather increased
dramatically. Such offenses as a result of the development of human civilization have emerged in our
country, crimes against identification documents including forged documents, which is a crime against
public security and comfort. In this study, the coordinates of the constituent elements of the offense are
paid identification documents.

1.

Introduction

Crime and the decriminalization of mankind on Earth beginning of poverty, hunger, illiteracy, lack of health facilities and health and there in other
words, crime and criminal history is as old as the universe. So we can say that crime is a very old phenomenon and reactions towards more traditional
ethical principles emanated, in all societies, crime, i.e. variable number of acts committed against orders and regulations that are different in nature,
such as rape, physical integrity "murder" or sacred property of the country is done. Crime statistics in various countries, this is a good indication that
the human civilization has been developing rapidly not only the number of crimes has not diminished but rather increased dramatically. Such
offenses as a result of the development of human civilization have emerged in our country, crimes against identification documents including forged
documents, which is a crime against public security and comfort. In this study, the coordinates of the constituent elements of the offense are paid
identification documents.

2.

Review of crime coordinates of forgery identification

First Speech: Type of crime

According to Article 10 of the Code offenses, offenses and penalties relating to documents and certificates identification in general, the fraudulent
document to harm others from beginning to end as well as other unauthorized manipulation of documents that may be changing their meaning;
because generally a result of an act done voluntarily and willing to commit, a crime is intentional. Because no one can claim that the state of sleep or
unconsciousness or the result of negligence could have been a forgery. Unless the claim is under obligation to do so in that case, if the concentration
is normally unbearable the subject of counterfeiting is committed compulsion to punish convicted.
Second Speech: identification forgery offense is committed intentionally
To realize such a crime actually means to transform the heart of a fact in a document by committing changing the name of the owner of such third
party with the name of science and inform the offender of the crime being committed acts done does not seem sufficient once forged, but realized that
the true heart of the document is its ability bring harm to others whether the actual or potential harm.
Third Speech: the issue of crime
Identification forgery issue certificates of registration offices, including the Office of the Register General Events death is recorded as the reason for
proving or denying the right to judicial review of the process.
Fourth Speech: How to commit
Certificates and documents referred to in Article 10 of the Law identification crime offenses, offenses and penalties relating to documents and
certificates identification Expediency Council approved on 01.08.1971 according to the criminal act referred to in this article are examples of the type
of material misrepresentation, and nature legal elements of the same material as the term hoax. Meanwhile, the offense could be a birth certificate or
other documents or third-party identification.
Five Speech: dignity crime
Forgery of offenses against the peace and dignity of the eligible public, and the whole system is a severe criminal penalty. That is, if the crime not
considered a public crime, the prosecution and punishment on plaintiffs have committed forgery, in that case, what guarantees can be used to regulate
the legal relations between the parties were allowed in the community.

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Coordinates and Elements of Crime Investigation Documents Identification

International Journal of Economy, Management and Social Sciences Vol(3), No (11), November, 2014.

Six Speech: forged birth certificates and other documents identification

As per Article 10 of the Act violations, offenses and penalties relating to documents and certificates identification Expediency Council has approved
on 26.12.1991 legislators are criminally responsible for forging the birth certificate and other documents identification is considered to be as follows:
In cases where forged birth certificates and other documents without the intent to fraudulently identification be committed to the punishment a
fine of up to 100.000 100.000 convicted.
(2) If the court has ascertained that unauthorized manipulation identification birth certificate or other documents on behalf of another with intent to
commit or is made fraudulently or a specific criminal Committing an act of forgery of official documents are in order and the punishment he has
already approved and Law Enforcement Act of 1996 suspended the parliament in accordance with Articles 533 and 532 shall be determined by
the mentioned law
(1)

3.

The elements that constitute crime forgery identification

First Speech: The first words: crime of material elements

A. Heart fact by positive physical behavior committed outside researcher. To commit the crime of counterfeiting is a criminal act must be positive.
The omission, however, is fraught with malicious intent is a material element of crime can never make up. He earned his doctor's specific
criminal law on the books Validi [4]: The fact that the perpetrator intended to transform the heart of a document written in the wrong clothes or
cover up the truth. Thus, the first condition for the fulfillment of the material elements of the crime of adulteration alter the fact and painting
false writing or document that would infringe upon the rights of others.
B.

Have a true heart or the document is made. Writing general and specific document, so that any written document, but the document does not.
Such a document is written in the law and in custom and habit is attributable,
Such as promissory notes, bills or receipts, warehouse slips, birth certificates and the like, but the purpose of the paper sheet is law and
conventions described in the document is no such informal probate during which a person has a forged signature or influential, or demand
money or donations from the audience to perform the job.
The accuracy is written in C and have a legal value in general, the courts will give effect to it so if the certificates have been revoked and their
values will be lost if a person commits the crime of forgery it is not distorted, the document has no legal value.

C.

Fraud, with an anticipated issuance of the match: Although the main topic of the article or document is guilty of adulteration, however, the
legislator in Article 523 and other articles of chapter V, some objects such as reservations monopoly of official seals, government agencies and
social and natural and legal persons and punch that is used to determine gold and silver public and commercial signs and other signs and stamps
on goods or articles of metal or paper or carved and installed such as writing or document fraud if they cause harm to another through the
simulation, it acts as a forger in the prosecution case and permits.

D.

A material misrepresentation perpetrated ways:

So alleged the essential elements of the crime of forgery, which depends on the heart is true, however, when the forge is the heart of the fact that
they are written in a document or other thing in addition, this would be one of the ways foreseen in the law. Meanwhile, lawmakers in Article 10
of the Act violations, fines and penalties associated with some cases of forgery and identity documents material with the use of the words "such
as" means of committing forgery, material is removed from Hezry [2]. Important counterfeiting cases referred to in Article 10 of the Law of the
material are described as follows:
(1) A written document or a signature or seal or fingerprint or other:
Such is the meaning of the document or written from the beginning to end to make one document or signature that belongs to Him only
shall give written whether the signature is handwritten or printed, as well as the signature of the person who owns or does not exist.
(2) Scratching, scraping, append, remove stylus what is meant by scratching the elimination and removal of all or part of a word is its with
special instruments, such as razors or blades that usually occurs like the purpose of eliminating or deleting a sentence from the document or
written principle that will alter its provisions [5] Including accession numbers and add the word or words, sign language instruction in the
blank between lines or between words in a text or a document that is related to the change in sense [1]. Means the item is to eliminate crime
by adding words or letters or numbers in the document or written provisions and about the extent of it fraudulently alters [5].
(3) Fading-proof, black-out, attached
Is wiped clean of all or part of an article or document is genuine by pencil or ink eraser or chemicals, and the like [6] prove the validity of
the falsehood contained in the document or writing to such invalidity or Clear Red Line and eliminate the vicious words, symbols, etc.,
from the rejection of all or part of the document or written and the impression that the word vicious in principle not available thereby
authenticating the documents provided. Black also is unintelligible word or a sentence with the word original text of a certificate or
document by pouring colored inks or chemicals, or other materials on it in a way that cannot be used. It is attached to the document forger
associated with the individual components of your paper topic as well as signed and the type of paper used to fraudulently provide and then
glued them together and connect them in a way that parts of a written or created false documents, as it is written of fraudulent birth
certificates to other certificate is attached.
(4) Images of documents
Forms of physical punishment of counterfeiting the recent law passed in 1978 has emphasized that Article 537, X-ray identification card,
personal identification, and governmental and public records and other similar documents; the birth certificate is fraudulent, etc. Thus, the
securities seal or mark for identification of original records and copies of photographs is not a material object of the crime investigator.
According to the article mentioned above, Photostat if you are confused with the original birth certificate is sealed and there is no sign to
indicate that the certificate is a copy or image, practice, forgery and the forger is prepared by imprisonment from 6 months to 2 years, or 3
to 12 million Rials in fines and compensation to be paid.

Mojgan Sheikholeslami Baneh *, Ghobad Kazemi

662

International Journal of Economy, Management and Social Sciences Vol(3), No (11), November, 2014.

E.

Means of committing the forgery provision

Provisions forgery is a change in the content or content writing or document reality in such a way as to change the external appearance of words,
and so it is not visible but during the planning document forger or in writing content that makes changes to the text or document of no
significant impact, leaving no foreign material. Here, in contrast, often after falsifying a material fact is genuine document, and wrote, spiritual
forgery or writing statements that are false and contrary to fact, concurrent and simultaneous document or written to be performed. When
writing statements questioning the claimant, the defendant and witnesses, telling them their heart commit a forgery or alteration writes
interrogation sheet is spiritual. In general, the various forms of counterfeiting provisions of the civil servants who are members of official
documents, marriage and divorce and others while writing documents and papers relating to the duties of the several states are prepared outside.
1. The names of persons on the content or subject or alter informed in writing and document preparation.
2. Officers on duty informed the content is contrary to the record and enter document.
3. Comments by one of the parties responsible for the regulation of the distorted document and insert it into the document.

Second speech: mental element of crime

1. satisfy the intent of committing fraud
To achieve forging Ram addition to the distortion of truth in a written one of the ways foreseen in the law or document that has the potential dangers
associated with fraudulent intent is necessary for intent and malice committed to self-knowledge based on truth-heart surgery and heart, resulting in
true moral or material harm to another person or the community.
2. position possible loss or harm of the crime of counterfeiting
The Heart Truth forged a birth certificate cannot be achieved unless the functionality can be injurious to another. In other words, if your heart is truly
in a certificate or document identification harmless in itself is not a hoax after changing the wording of the text was not set IDs that are completely or
providing false Xerox it is not a hoax.
Third speech: the legal element of the crime
In relation to the legal elements of fraud and identity can identification to Article 10 of the Act violations, fines and penalties identification
documents and identity of the latter point, we have only to express punishment of counterfeiting and ways of committing forgery, both material and
spiritual (profit) not set therefore, on the basis of other regulations and general theories of legal scholars and criminal act. According to Article 10 of
the Code offenses, offenses and penalties identification documents and certificates "Everyone has a birth certificate or other documents or any
compromise of their identification (such as scratching or scraping or removing items or accession, or disappearance or prove or black out) cause to
pay fine the 100.000 Rials IRR 500.000 convicted. If these measures are intended to fraudulently conducted, commit forgery punishable under
criminal law in the quality of papers is doomed. The court required to determine the maximum punishment. Thus, in connection with forgery and
identity identification applicable law is silent as to other rules and regulations shall refer criminal charges.

4.

Conclusions

Many factors and motivations led to identification offenses including factors such as lack of education, lack of job piety in some cases, lack of
familiarity with the law of the people, providing no major deficiencies in staff and law specifically pointing out the Registry Act. According to these
regulations, the following suggestions in order to improve the four logs and uniformity in the system Registry and speed up the registration and avoid
counterfeiting offenses specifically provided:
(1) Rules governing the drafting and adoption of the current registration.
(2) The fundamental obligations of registration and automatic logging of four.
(3) Fast and precise and rapid circulation of information in Country.
(4) The capacities of relevant institutions and increase the quality and quantity of the force is proportional to the population and the population.
(5) Guidance staff and sometimes criminal penalties and enforcement provisions as well as the provision of staff welfare issues.
(6) accurate and comprehensive advertising and training in all fields of knowledge to the agents and the public through educational programs,
advertising in media regarding matters related to registration and social issues, criminal law and its stature.

References
[1]
[2]
[3]
[4]
[5]
[6]

Goldouzian, I., 2004, a special criminal law, Tehran, Tehran University Press, Tenth Edition.
Maslaty, A., 2003, adulteration in the criminal law of Iran, Tehran, Third Line Press.
Maslaty, A., 2003, adulteration in the criminal law of Iran, Tehran, Third Line Press.
Validi, MS, 1993, a special criminal law, Tehran, Majdchap IV, Vol 1
Validi, MS, 1998, a special criminal law, financial crimes against the public welfare, Volume V, published by Khayyam.
Validi, MS, 1998, a special criminal law, Volume V, published by Khayyam.