This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Sahtecilik Suçları: Resmî ve Özel Belgede Sahtecilik.
The sentence for forgery differs markedly according to whether the document is official or private (Articles 204 and 207 of the Criminal Code). The offence requires the document to have the capacity to deceive: a document obviously false at first glance does not constitute it. For a private document there is a further requirement — that it was used.
A promissory note with a forged signature, an altered contract, a report drawn up contrary to the truth. Forgery has both a criminal and a civil dimension, and the consequences are serious.
This article covers the distinction between official and private documents, which acts constitute the offence, and how it is proved.
Forgery of an Official Document
Article 204: a person who draws up a false official document, alters a genuine one so as to deceive others, or uses a false official document, is punished.
There are three separate acts: drawing up, altering and using. Knowingly using a false document is treated the same as making it.
The penalty is heavier where a public official falsely draws up or alters an official document they are empowered to make in the course of their duties.
The Act adds one further point: where the document is one that remains valid until its falsity is established by operation of law, the penalty is increased by half. Notarial instruments fall into this group.
The offence is not dependent on a complaint; it is prosecuted of the prosecutor's own motion, and the limitation periods are long.
Forgery of a Private Document
Article 207: a person who draws up a false private document, or alters a genuine one so as to deceive others, and uses it, is punished.
The difference matters: for a private document the offence requires use as well. Making the document is not enough.
Article 208 separately punishes damaging, destroying or concealing a private document.
Private documents include contracts, promissory notes, invoices, correspondence of private bodies and workplace records.
Official documents include court judgments, population and land registry records, notarial instruments, documents issued by public bodies, official reports, diplomas and service records.
What the Capacity to Deceive Means
Every forgery offence requires the document to have the capacity to deceive.
The falsity must not be apparent at first glance. A crude and obvious forgery may mean no offence is committed at all, for want of that capacity.
The court makes that assessment, usually supported by expert examination.
Because forgery is an offence against public confidence, no actual loss need be shown: the offence is complete on the document being made or used.
Where another offence is committed along with the forgery — fraud carried out with the false document, for instance — liability as a rule arises for both offences separately.
| Official (Art. 204) | Private (Art. 207) | |
|---|---|---|
| Examples | Identity card, title deed, judgment, licence | Contract, promissory note, invoice, application |
| Use required | No | Yes |
| Prosecution | Of the prosecutor's own motion | Of the prosecutor's own motion |
| Capacity to deceive | Required | Required |
| Committed by a public official | Aggravates the penalty | — |
| Settlement | Outside its scope | Outside its scope |
Some private documents are punished as official ones by force of law — cheques, bills, promissory notes and wills among them.
How Signatures Are Examined
At the centre of a forgery file is the handwriting examination.
It is usually carried out by the Forensic Medicine Institute or the criminal police laboratories. Specimen signatures are obtained for comparison: genuine signatures from different periods (bank records, official documents, contracts) are collected, and a specimen is taken in the presence of the court.
What affects the result: whether the original document is available (examination from a photocopy rarely gives a definite answer), whether there are enough recent specimens, and the physical condition of the document.
So when you complain, ask expressly that the original be obtained for the file.
There is a parallel route in civil proceedings: under Articles 208 ff. of the Code of Civil Procedure the falsity of a document may be alleged and the court will have it examined. If falsity is established the document loses its value as evidence.
The Civil Side
Where several false documents were made at different times on a single decision to commit the offence, Article 43 applies and one increased sentence is imposed as a continuing offence.
On the civil side:
- where enforcement has been started on the false document, a claim for a negative declaration, with a request to stay the enforcement against security
- where a title was transferred with a false document, a claim to set aside the registration and re-register
- a claim for damages for the loss suffered
The expert report in the criminal file can be used in the civil claim, so running the two together saves time.
A final warning: denying a signature is a serious allegation. If it turns out to be unfounded it tells against you in the civil case, and can raise a charge of false accusation.
A handwriting examination from a photocopy rarely gives a definite answer. Ask for the original document to be obtained for the file, and supply enough recent specimen signatures for comparison — that is what decides these cases.
Frequently Asked Questions
What is the difference between official and private document forgery?
For an official document, making, altering or using it is enough. For a private document the offence also requires that the document was used. The penalties differ markedly.
What is the capacity to deceive?
The falsity must not be apparent at first glance. A crude, obvious forgery may not constitute the offence at all.
Is a complaint needed?
No. Forgery is prosecuted of the prosecutor's own motion, and the limitation periods are long.
Can a signature be examined from a photocopy?
Rarely with a definite result. Ask for the original to be obtained, and provide enough recent specimen signatures for comparison.
What can I do in the civil courts?
Claim a negative declaration where enforcement has begun on the document, claim to set aside a registration transferred with it, and claim damages. The criminal expert report can be used in those proceedings.