KCC 824/2017
This case involved whether the crime of forgery had existed.
Background
The office of public prosecution accused a defendant of forging two formal documents. The office requested the court to penalise the defendant according to the relevant laws.
The court suspended the announcement of the ruling on the condition that the defendant paid a guarantee of 500 Dinars and demonstrated good conduct for six months.
The defendant and the office appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The defendant appealed the ruling before the court of cassation. She said in her grounds of appeal that the ruling haderred in the application of law and had insufficient evidence of causation. She said that the elements of the crime had not existed in the case.
Decision
The court said that this argument was invalid. The court said that the crime of forgery existed once the criminal changed the facts in formal document to create the illusion that it was authentic. The court said that the case documents revealed that the elements of the crime had existed in the case.
The court upheld the appealed ruling.