Analysis of the forgery of legal documents in civil and criminal proceedings

10.2478/bjlp-2023-00000107

Abstract

The present investigation intends to carry out an analysis on the falsification of documents that are often used as evidence in judicial processes, which are not only recognized as crimes, but also call into question certain elements that involve even the faith of officials or legal professionals.  The research was developed under the qualitative-quantitative modality since, in addition to being theoretically fundamental, the research variables were also developed through the use of the survey addressed to notaries and lawyers of the Quevedo canton. It is important to highlight that this sample is of a non-probabilistic type since is selected based on the researcher's needs. Regarding the type of research, it is of the Bibliographic type since it is investigated by collecting doctrinal, bibliographic information or another way of searching to make an assessment of the subject. The methods used were Inductive - Deductive, since the inductive method is fundamental for all sciences that from a limited number of particular observations deduce a general law about the nature or behavior of things, Analytical - Synthetic method, being the same This is a way to reach a result by destroying a phenomenon in its constituent elements,  and the legal scientist. One of the results obtained is that when analyzing the crime of counterfeiting, the protected legal right must be specified, for this reason it is pertinent to mention Von Liszt, who indicates that this crime is characterized by the means of attack and that in turn protects different legal assets and therefore the regulations foresee penalizing all the Interests immersed in them that have been harmed.