INTRODUCTION AND BRIEF DESCRIPTION
Forgery is a complete offence as soon as the document is created with the knowledge and intent to deceive, regardless of any intended use or repercussions.
SECTION WORDING
366(3) Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1), notwithstanding that the person who makes it does not intend that any particular person should use or act on it as genuine or be induced, by the belief that it is genuine, to do or refrain from doing anything.
EXPLANATION
Section 366(3) of the Criminal Code of Canada deals with the offence of forgery. Forgery is the act of making a false document with the intention of using it as genuine or passing it off as genuine. This section of the Criminal Code outlines the extent of the offence of forgery. Subsection (1) of section 366 outlines the key elements of the offence of forgery, which include the making of a false document, with the intention that it is used as genuine, and knowledge that it is false. Subsection (3) clarifies that forgery is complete as soon as a document is made with these elements in place, regardless of whether the person who made it intended for anyone to use it as genuine. This means that even if the person who made the false document did not intend for anyone to use it as genuine or be deceived by it, the offence of forgery can still be committed. This is because the act of making a false document with the intention of using it as genuine is itself an offence, regardless of whether anyone is actually deceived by it. The importance of this section of the Criminal Code is that it emphasizes the seriousness of the offence of forgery. It makes it clear that the act of making a false document is criminal in itself, regardless of whether the document is actually used as genuine. This helps to deter individuals from engaging in forging documents and helps to maintain the integrity and trustworthiness of important documents and systems.
COMMENTARY
Section 366(3) of the Criminal Code of Canada deals with the crime of forgery. The section explicitly states that forgery is complete as soon as a document is made with the knowledge and intention referred to in subsection (1). This means that the act of creating or altering a document with the intention of deceiving someone is considered forgery, irrespective of whether the person who committed the act intended to use the document or induce anyone to act on it as authentic. Forgery is a serious crime in Canada as it is an offence against public trust and can result in significant harm to individuals and institutions. Forgeries can be used to defraud financial institutions, deceive potential investors or buyers, commit identity theft, or obtain privileged or confidential information. The purpose of section 366(3) is to make it clear that the offence of forgery is committed solely by virtue of the act of making or altering a document with the intent to deceive. The section also clarifies that it is not necessary for the forger to have a specific person or entity in mind to deceive or injure when committing this offence. The wording used in section 366(3) makes it clear that the act of forgery is complete as soon as the document is made. Once the document is created with the requisite knowledge and intention, it is considered to be a forgery, regardless of how it is subsequently used. This means that even if the forger abandons the document or has no plans to use it, they can still be charged with forgery. The potential harm caused by forged documents is so significant that the mere act of creating them is considered a crime in and of itself. However, it is worth noting that section 366(3) does not prescribe a specific penalty for the offence of forgery. Instead, the penalty for forgery is determined by the value of the subject matter involved. For example, forgery of property or money worth more than $5,000 can carry a maximum sentence of fourteen years imprisonment, while forging property or money worth less than that amount can carry a maximum sentence of two years imprisonment. In conclusion, section 366(3) of the Criminal Code of Canada provides clarity in defining forgery as a crime. It distinguishes forgery as a serious crime, as it can cause significant harm to individuals and institutions. The section makes it clear that the offence is complete as soon as the document is altered or created with the requisite knowledge and intention, even if the person committing the forgery does not intend to use it or deceive anyone in particular. It also sets out the potential penalties for different types of forgery. Overall, section 366(3) plays a crucial role in helping to protect public trust and maintain the integrity of our legal system.
STRATEGY
When it comes to dealing with Section 366(3) of the Criminal Code of Canada, there are several strategic considerations that individuals and entities should keep in mind. Forgery is a serious crime that can result in significant legal and financial consequences, and as such, it is important to approach these kinds of cases with care and attention. One important consideration when dealing with Section 366(3) is to carefully evaluate the evidence against the alleged forger. In order to secure a conviction under this section, prosecutors must be able to demonstrate that the person in question had both knowledge and intent to create a fraudulent document. This can be challenging to prove, particularly if the alleged forger did not intend for the document to be used in a particular way. As such, it is important to thoroughly evaluate the evidence in each case and determine whether it is strong enough to support a conviction. Another strategic consideration when dealing with Section 366(3) is to consider the potential consequences of a conviction. Forgery charges can result in significant fines and even imprisonment, particularly in cases where large sums of money or sensitive information are involved. In addition to criminal penalties, a forgery conviction can also have serious professional and personal consequences, such as loss of employment or damage to one's reputation. As such, it is important to carefully weigh the potential consequences of a conviction and to take steps to mitigate these risks when possible. One strategy that can be employed when dealing with forgery charges is to negotiate a plea bargain with the prosecutor. Depending on the circumstances of the case, it may be possible to secure a plea deal that reduces the charges or mitigates the potential penalties. For example, an individual may be able to plead guilty to a lesser charge in exchange for a reduced sentence. Alternatively, it may be possible to negotiate a plea deal that includes restitution or community service in lieu of fines or imprisonment. Another strategy that can be employed when dealing with forgery charges is to hire a skilled defense attorney. A knowledgeable attorney can help to evaluate the evidence in the case, identify weaknesses in the prosecutor's case, and develop a strong defense strategy. This may involve challenging the admissibility of certain evidence, calling into question the reliability of witnesses, or presenting alternate explanations for the alleged forgery. Ultimately, the key to successfully navigating forgery charges is to approach the situation with care and attention, and to carefully consider all possible strategies and consequences. By working with skilled legal professionals and taking a strategic approach to the case, individuals and entities can better protect their legal rights and interests in the face of serious criminal charges.