La falsificación de la firma en escritos judiciales. Doctrina y jurisprudencia.

Abstract

With the main purpose of ascertaining whether there is a crime or not, under sections 292 and 296 of the Criminal Code, when the signature of a party is forged on pleadings and afterwards there are statements of such party affirming to have signed the writing, bearing in that way the consequences arising from the signing, this text studies the legally protected interest, designating the requirements for the forgery to be considered to have caused a damage, describing the different categories of damage, and marking the difference with the signature placed on behalf of another person at the latter’s request and due to his inability to do so. Lastly, this article manages to place the procedural danger of this kind of behavior and to identify the liable party, coming, in that way, to clear conclusions.