Definition and Scope of Forgery
Forgery, as defined under the Jordanian Penal Code, involves the intentional alteration of truth in a document that may result in harm, with the intent to use such a document as genuine. The law distinguishes between forgery in official documents—those issued by public servants—and private documents. The integrity of public records is paramount, and thus, forgery in official instruments carries significantly harsher penalties compared to private instruments.
The Material and Moral Elements
To establish the crime of forgery, two primary elements must be proven: the material element (actus reus) and the moral element (mens rea). The material element involves the physical act of altering, adding, or deleting information, or creating a false signature. The moral element requires proof of criminal intent—specifically, the knowledge that the act is illegal and the desire to cause legal consequences or harm through the falsified document.
Judicial Consequences and Precedents
The Jordanian judiciary, led by the Court of Cassation, has consistently ruled that the mere act of alteration is insufficient for conviction without the potential for harm. Penalties for forgery can range from imprisonment to hard labor, depending on the nature of the document and the status of the perpetrator. Article 260 and subsequent articles provide the statutory basis for these sanctions, emphasizing the protection of public trust in written evidence.