Current location - Quotes Website - Personality signature - What is the difference between alteration and forgery?
What is the difference between alteration and forgery?

The difference between forgery and alteration is as follows:?

1. The main meanings are different. Forgery refers to counterfeit manufacturing, making something out of nothing; alteration refers to making something out of real things. The act of carrying out processing and transformation on the basis of real evidence is to modify or change things without authorization based on real evidence. Moreover, the original appearance of the original thing can still be seen after the transformation. If it becomes unrecognizable, it will be a forgery, not a transformation. 2. The basis is different. Alteration is an act of illegally changing something that was originally effective but has lost its effectiveness, and forging and using non-existent things to seek benefits. ?

3. The concepts of bill forgery and bill alteration are different. The forgery of bills refers to the behavior of unauthorized persons pretending to be the drawer or a fictitious person to sign, seal and other items recorded on the bill; the alteration of signatures and seals Forgery is forgery (that is, forgery on the bill includes the forgery of the bill and the forgery of the signature and seal on the bill); the alteration of the bill refers to the use of technical means to change the content of the items already recorded on the bill, or to add or reduce the content of the items recorded on the bill, thereby To achieve the purpose of changing the rights and obligations of the bill. 4. The conditions for the establishment of bill forgery and bill alteration are different. Two conditions must be met for the establishment of bill forgery:

(1) The forger must perform bill acts, such as bill issuance, endorsement, If the act of acceptance, guarantee, etc. is not a bill act, it does not constitute bill forgery;

(2) The bill act must be carried out in the name of another person, such as imitating another person's signature or forging another person's seal , stealing other people’s real seals, etc.

The alteration of a bill refers to an act in which a person without the authority to change changes the matters recorded on the bill other than the signature. The following three conditions should be met:

(1) The altered bill is a legally established and valid bill;

(2) The altered content is the de-signing recorded on the bill. matters outside the chapter. If the signature or seal on the bill is changed, it is considered a forgery of the bill;

(3) The forger has no right to change. After a bill has been altered, it remains valid. Although the altered bill is a valid bill, the act of altering the bill is an illegal act, and the person who altered the bill should bear legal responsibility. Article 103 of the Negotiable Instruments Law stipulates that anyone who forges or alters instruments or intentionally uses forged or altered instruments shall be investigated for criminal liability in accordance with the law. 5. The legal liabilities for bill forgery and bill alteration are different. Article 14, paragraph 1, of the "Negotiable Instruments Law" stipulates that the matters recorded on the bill must be true and shall not be forged or altered. Anyone who forges or alters the signature, seal or other recorded matters on the bill shall bear legal liability. It includes three types of civil liability, administrative liability and criminal liability. The civil liability that should be borne refers to that the person who forges or alters the bill shall bear the losses suffered by the parties to the bill due to the forgery or alteration of the bill, such as the bill cannot be accepted or paid. , expenses incurred and interest losses. 6. Forgery of bills and alteration of bills have different effects on other people. Article 14 of the "Negotiable Instruments Law" stipulates that if a bill has a forged or altered signature, it will not affect the validity of other authentic signatures on the bill. If other items recorded on the bill are altered, the person who signed the bill before the alteration will be responsible for the original items; the person who signed the bill after the alteration will be responsible for the items recorded after the alteration; it cannot be determined whether the bill was altered. If the instrument is signed before or after it is made, it shall be deemed to have been signed before the instrument was altered.

7. The essence of bill forgery and bill alteration is different. The forgery of a bill is invalid from the beginning. Therefore, even if the holder is in good faith, the forger and the forger do not bear the obligation of the bill; If there is a forged signature or seal on the bill, it will not affect the validity of other authentic signatures on the bill; if the signature and seal of the party are before the alteration, the party shall be responsible for the original content; if the signature and seal are after the alteration, the signature and seal shall be as forged after the alteration. You are responsible for the later recorded content; if it is impossible to tell whether the signature was before or after the alteration, it will be deemed to have been signed before the alteration.

1. The circumstances of forging evidence are as follows:

1. In order to avoid responsibility or to blame others, the criminal deliberately creates false documentary evidence, physical evidence, forges the crime scene, or makes false statements to cover up his accomplices;

2. Witnesses or appraisers provide false testimony or make appraisal conclusions that are not consistent with the facts because they have an interest in the parties or the outcome of the case;

3. Inspection and inspection personnel Being induced or threatened to produce inspection and inspection records that are not consistent with the facts;

4. The victim made false statements due to certain motives.

2. The constituent elements of bill alteration are as follows:

1. The actor is a person who has no right to change the bill matters;

2. In accordance with the law If a valid bill is issued and the bill itself is an invalid bill, it will not have the effect of altering the bill;

3. Signatures or other recorded matters other than signatures.

In short, there is a clear difference between forgery and alteration, but both are illegal or even criminal acts and will be subject to relevant criminal liability, including fixed-term imprisonment.