The offence of Forgery is defined as “Making or
Altering of writing or other things mentioned in Law, knowingly, with
the intention that one or another shall use it to induce somebody to
accept it as genuine, and by reason of so accepting it to do or not to
do some act on his own or other person’s loss.”
Elements of forgery are as follow:
Actus reus: includes:
(a) physical act: making or altering
(b) Necessary circumstances for occurrence of
Forgery:
1- The subject matter of forgery should be a
document or a writing or other things mentioned in law.
2- Forgery is supposable in which itself is not
false.
3- It should be possible to confuse ordinary
persons.
4- The subject matter of forgery should be naturally
false and it is not sufficient to contain only false information.
(c) Criminal result (loss): In this offence,
possible loss is sufficient and sure loss is not necessary. In this
offence there are three kinds of loss:
1-Material loss 2-Moral loss 3-Social(Public)
loss.
Moral loss of society means weakening common
reliance on documents.
Mens rea is intent to falsification that includes
intent to making or altering(common dishonesty) and intent to cause harm
to another(special dishonesty).
Regarding articles 6,12 and 14 of Iran electronic
commerce act, it can be concluded that the meaning of “data message” has
been supposed to be the same as the meaning of “writing”. When data
messages have secure conditions and also electronic signature is
attached to them, they are legally equal with written documents. Also,
From articles 14 and 15 of this Act it is concluded that lawmaker is
inclined to consider electronic documents as official documents. If data
messages that form electronic signature have all necessary technical
conditions then secure electronic signature can be replaced with
handwriting signature as similar legal effects.Article 68 of this Act
deals with computer forgery crime.