MANAGEMENT AND ACCOUNTING REVIEW

 


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Volume 15 No. 2, December 2016

 

ARTICLE INFO
Article History:
Received: 3 March 2016
Accepted: 17 October 2016
Published: 23 December 2016

MANAGEMENT AND ACCOUNTING REVIEW, VOLUME 15 NO. 2, DECEMBER 2016

Legal Perspectives Towards Forgery, Fraud and Falsification of Documents: Recent Development

Khairul Anuar Abdul Hadi1, Halil Paino2
1Universiti Teknologi MARA
Cawangan Pahang Kampus Jengka
2Accounting Research Institute,
Universiti Teknologi MARA, Malaysia

ABSTRACT
Forgery, fraud and falsification of documents are categorized as white color crime offences because they are associated with the modification of documents with the intention to deceive others and normally involve illegal monetary benefits. The existence of falsification and forgery is always associated with the intention to commit fraud. Both falsification and forgery have similarities in nature but carry a difference in provision under the statute. As far as this matter is concerned, to establish a successful prosecution and civil claim, the prosecutor and claimant must prove the intention and conduct of the accused person that falls under the respective statutory provision. However, in 2015, the application of evidential standard for these three types of crimes is the difference in civil action, even though this act is an offence under the Penal Code. In relation to that, this paper examines the relationship between fraud, forgery and falsification, evidential aspects together with the recent legal development and proposes a recommendation in relation to prosecutorial matters and civil claim.

Keywords: forgery, fraud, falsification, evidence

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