Specific ways to identify forged IOUs:
1. The victim can verify the actual flow of funds. Any flow of funds will leave financial traces;
2. The victim can apply for technical appraisal. The victim can apply for a forensic appraisal to an institution qualified for forensic appraisal.
Forging IOUs may also constitute a crime:
1. Forging IOUs may constitute the crime of fraud;
The essential elements for establishing the crime of fraud are that the forgery of evidence is based on illegal possession. The purpose is to use fabricated facts to defraud others of huge amounts of property.
The victim himself has no debt relationship with the perpetrator, and the perpetrator’s fictitious IOU can reflect his specific behavior of using fictitious facts.
2. Forging IOUs may constitute the crime of false litigation.
Litigation through forged IOUs to defraud property may constitute a false lawsuit.
False litigation refers to filing civil lawsuits based on fabricated facts in order to seek illegitimate benefits, obstructing judicial order or seriously infringing on the legitimate rights and interests of others.
To sum up, technical appraisal of using forged signatures to identify IOUs is the most direct and effective way to determine whether an IOU is authentic or not. During the trial of the case, some defendants argued that the IOU was forged, that the fingerprints were not stamped by themselves, that the seals were fake, etc. In this case, the judge should inform the defendants of their rights and obligations to apply for judicial appraisal within a time limit. If the time limit is exceeded, their claims will be deemed untenable. .
Legal basis:
Article 12 of the "General Principles of Forensic Authentication Procedures"
If the client entrusts an appraisal, he shall provide the judicial appraisal agency with true, complete and accurate evidence. Provide sufficient identification materials and be responsible for the authenticity and legality of the identification materials. The forensic identification agency shall check and record the name, type, quantity, properties, storage status, receipt time, etc. of the identification materials.
If a litigant has any objection to the appraisal materials, he or she shall raise it with the client.
The term “identification materials” as mentioned in these General Regulations includes biological and non-biological test materials, comparison sample materials and other identification materials related to identification matters.