The offence of Utter Forged Documents is set out under s. 368(1)(b) of the Criminal Code of Canada.
The offence occurs when an individual who knowing or believing that a document is forged, uses, deals with or acts on it as if it were genuine.
Similar to the offences of Fraud and Forgery, Utter Forged Documents is a crime of dishonesty. The offences are separate, however. The person uttering a forged document does not have to be the person who forged the document. Uttering Forged Document simply focuses on the use of a Forged document.
Also, unlike the offence of Fraud, there is no legal requirement that the document in question was actually Forged. Pursuant to s. 368(1)(b), the accused’s belief that a document is forged is all that is required to satisfy the “mental element” (mens rea) of the crime.
To consult with an Utter Forged Document lawyer, call Captan Law today at (647) 878-6355.