Forgery is one of the most serious crimes undermining trust in transactions — it is altering the truth in a document by one of the methods prescribed by law in a manner capable of causing harm. Kuwaiti law punishes forgery with severe penalties and provides the forgery challenge as a civil defence mechanism.
Forgery challenge: a legal avenue available to a party against whom a document is invoked that they claim is forged — before either a civil or criminal court.
Contents
1) Types of Forgery
Material forgery
- Counterfeiting: creating a document resembling the original.
- Alteration: changing words or figures in a genuine document.
- Addition: inserting statements not originally present.
- Deletion: removing words or paragraphs from the document.
- Signature forgery: forging a person's signature on a document.
Intellectual forgery
- Misrepresenting statements: recording statements different from what was actually said.
- False attestation: certifying a false fact as true — e.g. attesting someone's presence who was absent.
- Impersonation: assuming another's identity before a public official.
- False entries: entering false information in an official document.
2) Elements of the Crime
- Physical element: altering the truth in a document by one of the legally specified methods.
- Mental element: criminal intent — knowledge that the act constitutes forgery and willingness to achieve the result.
- Harm: the alteration must be capable of causing harm — actual or potential.
- Document: any writing capable of being invoked as evidence — official or private.
Official vs private documents: forging an official document (issued by a public officer) carries a heavier penalty than forging a private document. An official document is evidence against all parties unless challenged for forgery.
3) Civil Forgery Challenge
- When to challenge: when an opponent submits a document in a civil case and the other party claims it is forged.
- Principal claim: filing an independent action to challenge a document's authenticity before it is invoked.
- Incidental claim: challenging forgery during the proceedings in which the document was submitted.
- Denial: for private documents, simply denying the signature or handwriting shifts the burden of proving the document's authenticity to the party relying on it.
Key distinction: challenging an official document for forgery requires special, strict procedures — for private documents, a simple denial suffices.
4) Claim Procedures
- Filing the challenge: the challenger submits a memorandum specifying the alleged forgery points and supporting evidence.
- Depositing the document: the challenged document is deposited with the court clerk's office.
- Evidence: the challenger identifies evidence — such as witness testimony or handwriting comparison.
- Opponent's response: the party relying on the document is given time to respond — and may withdraw reliance on it.
- Investigation: the court orders an investigation — typically appointing a handwriting expert.
Withdrawal: if the party relying on the document withdraws reliance, the forgery claim lapses. However, the court may proceed if it sees merit in ruling on the issue. See litigation procedures.
5) Evidence and Expert Examination
- Handwriting expert: the court appoints an expert to compare handwriting and signatures against verified samples.
- Comparison evidence: verified signatures on official documents or acknowledged handwriting.
- Testimony: witness testimony regarding the circumstances of the document's creation.
- Circumstantial evidence: surrounding circumstances such as the document's date, place, and beneficiary.
Burden of proof: for official documents, the challenger must prove forgery. For private documents, after denial, the party relying on it must prove the signature's authenticity.
6) Criminal Penalties
Official-document forgery
- Imprisonment up to ten years.
- Aggravated if the forger is a public official.
- Forging judicial judgments carries the heaviest penalty.
- Confiscation and fines.
Private-document forgery
- Imprisonment up to three years or a fine.
- Aggravated for commercial forgery (invoices and cheques).
- Using a forged document is punished as forgery itself.
- Attempted forgery is punishable.
7) Consequences of Proven Forgery
- Nullification: the forged document is treated as if it never existed — it has no evidentiary value.
- Civil liability: the injured party may claim compensation for damage caused by the use of the forged document.
- Criminal liability: the case file is referred to the public prosecution for criminal proceedings against the forger.
- Retrial: if a judgment was based on a document later proven forged, a petition for retrial (review) may be filed.
Petition for review: if after judgment a party obtains decisive evidence the opponent had withheld, or a document on which the judgment was based is proven forged, a petition for review may be filed. See methods of challenging judgments.
8) Practical Guidance
Prevention
- Notarise your signatures whenever possible.
- Keep originals of important documents.
- Never sign a blank document.
- Review every document carefully before signing.
If you suspect forgery
- Do not destroy the suspected document — preserve it as evidence.
- File a report with the public prosecution immediately.
- Instruct your lawyer to challenge the document in court.
- Gather comparison evidence (prior verified signatures).
Need to challenge a forged document or defend against a forgery charge? Contact Attorney Meshari Obaid Al-Enezi — Yumnaak Law Firm.
