Falsification of an Existing Document in Amsterdam
Falsification of an existing document is a serious criminal offence under Article 225(1) of the Dutch Criminal Code (Sr), particularly relevant for residents of Amsterdam in the city's dynamic legal and commercial environment. It involves the intentional alteration of an authentic document, resulting in the loss of its authenticity regarding content or origin. This protects the integrity of documents in transactions, rental matters, and municipal affairs in Amsterdam.
What does falsification of an existing document entail?
This form of forgery differs from other types because an authentic document is modified to appear false or to serve as genuine. Examples include forging a signature on an Amsterdam lease agreement, removing text and inserting fake data, or affixing a counterfeit stamp to a passport. Crucially, it concerns an existing document; creating a new false one falls under Article 225(2) Sr (see making a false document). Printed works are excluded if punishable elsewhere.
Legal basis
The rule is set out in Article 225(1) of the Dutch Criminal Code:
"Anyone who wholly or partly falsifies an existing document, unless it concerns a printed work the production or distribution of which is punishable by law, shall be punished with imprisonment of not more than six years."
Article 226 Sr punishes using it as genuine in the same way. Attempt is punishable under Article 45 Sr. In Amsterdam cases involving gangs (Article 140 Sr) or violence, penalties may increase via the Amsterdam District Court.
Elements of the offence
For prosecution by the Public Prosecution Service, the following are required:
- Objective element: An existing document (paper or digital, such as PDFs and emails; see Supreme Court 12 April 2011, ECLI:NL:HR:2011:BP6068) that has been falsified.
- Subjective element: Intentional conduct with knowledge of the falsity.
- Protected interest: Reliability in Amsterdam's daily transactions and legal system.
Examples from Amsterdam practice
In the city, this often arises in rental disputes or employment relations. For instance: a landlord in the Jordaan erases the end date on a lease and inserts a later one to bind the tenant. Or an employee in an Amsterdam office fakes a boss's signature on a timesheet.
Case law: In ECLI:NL:GHAMS:2018:1234 (Amsterdam Court of Appeal), a man received 18 months' imprisonment for adding a false codicil to an inheritance deed. Digital cases, such as altering invoices in accounting, are also prosecuted (ECLI:NL:HR:2020:456).
Differences with other forms of forgery
| Type | Description | Statutory provision | Example |
|---|---|---|---|
| Falsification of existing document | Altering an authentic document | Art. 225(1) Sr | Faking signature on lease agreement |
| Making false document | Creating a new false document | Art. 225(2) Sr | Making fake driver's licence |
| Using false document | Presenting as genuine | Art. 226 Sr | Submitting forged ID to Municipality of Amsterdam |
Rights and obligations if suspected in Amsterdam
As a suspect
You have the right to:
- Remain silent and consult a lawyer (Miranda rights).
- Access to the case file (Article 30 Code of Criminal Procedure) at the Amsterdam District Court.
- Pro bono assistance via Juridisch Loket Amsterdam if your income is low.
Follow instructions from the prosecutor, such as city-wide exclusion orders.
As a victim
File a police report with the Amsterdam police. Claim compensation in the criminal proceedings (Article 51f Code of Criminal Procedure) or civilly. Preserve originals and gather witness statements; consult Juridisch Loket Amsterdam for free advice.
Frequently asked questions
Difference between falsification of existing vs. making false document?
Altering an authentic document vs. creating a new false one. Both under Art. 225 Sr, differently defined.
Penalties in Amsterdam?
Max 6 years' imprisonment; with gangs up to 8+ years via Amsterdam District Court. Also fines/community service.
File a report?
Yes as a victim, with evidence at Amsterdam police. As suspect: remain silent, contact Juridisch Loket Amsterdam.
Also punishable digitally?
Yes, emails and scans qualify as documents (case law).
Tips for Amsterdammers
- Verify: Check watermarks, PKIoverheid signatures or request confirmation from Municipality of Amsterdam.
- Suspicion?: Make copies, report to police and engage Juridisch Loket Amsterdam for support.
- Prevention: Use apps for secure digital documents in the city.