Legal consequences of forged signature:
1. Whoever forges another person's signature to sign an agreement shall bear civil liability for the consequences;
2. Forging a signature and causing a large amount of losses to the parties is suspected of constituting a crime of fraud. According to the criminal law, whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Anyone who forges the signature of others in the process of signing a contract is suspected of committing contract fraud. According to the provisions of the Criminal Law, whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined;
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;
If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.
The specific legal consequences of forging a signature should be determined according to the purpose of forging a signature and the legal responsibility to be borne.
If it is used for fraud, criminal responsibility can be investigated according to the crime of contract fraud and fraud.
For example, forging a signature to conclude a contract with others, then the forged signature contract is invalid. If it has the purpose of illegal possession and the amount is large, it is suspected of contract fraud. According to the prohibition of contract establishment and the conditions that must be met, then the sales contract established with forged signature does not meet the statutory conditions for establishment first, so it will not have legal effect. If the injured party is required to perform the contract, it can actively advocate signature infringement. However, if you want to recognize the transaction, you can also ratify it, and unlike the restrictions that restrict the ratification of people with civil capacity, the injured party here can ratify the contract at any time.
Is it true that one party forged a signed contract?
The two parties to the sales contract did not confirm the conclusion of the transaction, nor did they formally sign with each other, but others forged their signatures, which would directly harm the interests of the parties. Then, whether the party whose interests are damaged can defend rights depends on whether the signed sales contract is valid.
First of all, when concluding a contract, the following circumstances will lead to the invalidity of the contract:
1. One party enters into a sales contract by means of fraud or coercion, which harms the national interests;
2. When concluding a contract, both parties to the contract collude maliciously, which harms the interests of the state, the collective or a third party;
3. When the buyer and the seller conclude a contract, they cover up illegal purposes in a legal form, such as money laundering;
4. The conclusion of a sales contract will harm the public interest;
5. Violation of mandatory provisions of laws and administrative regulations.
Secondly, in order to establish a sales contract, we must first meet a necessary condition, that is, both parties must reach an agreement through consultation. Therefore, the sales contract determined by others' forged signatures does not actually belong to the consensus reached by both parties, so the sales contract is actually not established.
Therefore, according to the prohibition of contract formation and the conditions that must be met, the sales contract with forged signature does not meet the statutory conditions of establishment from the beginning, so it will not have legal effect.
If the injured party is required to perform the contract, it can actively advocate signature infringement. However, if you want to recognize the transaction, you can also ratify it, and unlike the restrictions that restrict the ratification of people with civil capacity, the injured party here can ratify the contract at any time.
Finally, in fact, the sales contract is confirmed by someone else's forged signature, and it is often difficult for the uninformed party to know the specific situation. However, if the other party repeatedly advocates the performance of the contract, as long as it does not want to ratify it, it can actively bring a lawsuit in court when necessary.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Item 1, Item 2 and Item 3 of Paragraph 1 of Article 224 of the Criminal Law
Under any of the following circumstances, if the amount involved is relatively large in the process of signing and performing a contract for the purpose of illegal possession, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined;
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;
If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated:
(1) Signing a contract in the name of a fictitious unit or others;
(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;
(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;
Article 266
Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.