The Criminal Liability for Debtors Who Provides Fake Letter to Creditors to Get Credit Criminal Liability

Ni Made Umi Kartika Dewi
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Abstract

The issue described in this study is about which letters can be an objects of falsified by debtors to get credit from creditor and how is the debtors accountability for providing fake letters to creditors. The method used in this research is normative, which is emphasizes the gap in norms that occur, this normative analysis mainly using library materials and laws and regulations as the source of research material. The results shows that there are several letters that can be falsified, such as: Letter of Assignment, ID, Family Card, Pay Slip. The purpose is to show that the letter seems to come from someone other than the author (perpetrator) so it is called material forgery (material valsheid), the origin of the letter is fake. Then, the act of falsifying a letter is carried out by making unauthorized changes (without the rightful permission) in a letter or writing, regarding the signature or the contents. Criminal liability for debtors who provide fake letters to creditors is leading to criminal prosecution of the perpetrators, if they have violated the provisions of Article 263 of the Criminal Code and fulfill the elements of Article 263 of the Criminal Code and the ability to be responsible is an element of error, therefore to prove the element of error, then the element of responsibility must also be proven, however, to prove the existence of an element of accountability is very difficult and requires time and money, so in practice it is used that everyone is considered capable of being responsible unless there are signs that indicate otherwise.
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债务人向债权人提供虚假信函骗取信用刑事责任的刑事责任
本研究所描述的问题是,哪些信件可以成为债务人伪造以从债权人那里获得信贷的对象,以及债务人如何对向债权人提供虚假信件负责。本研究采用的方法是规范性的,即强调规范中出现的空白,本规范性分析主要以图书馆资料和法律法规为研究资料来源。结果表明,有几种信件是可以伪造的,如:派遣信、身份证、家庭卡、工资单。其目的是表明这封信似乎来自作者(肇事者)之外的其他人,因此被称为材料伪造(材料valshed),这封信的来源是假的。然后,伪造信件的行为是通过对信件或文字的签名或内容进行未经授权的更改(未经合法许可)来进行的。债务人向债权人提供虚假信件的刑事责任导致犯罪人受到刑事起诉,如果他们违反了《刑法》第263条的规定,并履行了《刑法典》第263款的要素,并且有责任能力是错误的要素,因此要证明错误的要素,那么责任要素也必须被证明,然而,要证明责任要素的存在是非常困难的,需要时间和金钱,所以在实践中,除非有其他迹象表明,否则每个人都被认为有能力承担责任。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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发文量
11
审稿时长
24 weeks
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