Use of three forged official documents under the same circumstances. Natural unity of offense

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

The offense of the defendant of using three alleged official documents, respectively the identity card and two tax returns, being aware that neither of them is real, with a view to obtain loans from the injured person, meets the constituent elements of the offense of use of forgery, provided for under Article 323 of the Criminal Code, in the form of natural unity of offense. Although the defendant was sued for three offenses of use of forgery, it was found that he used those three documents on the same occasion, and for this reason it is necessary to acknowledge only one offense of use of forgery, since the submission of any forged documents at the same time and place shall not provide the offense with the significance of a continued offense of use of forgery, characterized by repeatedly committing certain acts which have, separately, the content of the same offense, but it represents a natural unity of offense.