Question juridique clé
Whether the cheques constituted forged documents and whether using them amounted to forgery in documents under Art. 251 CP.
Solution extraite
Yes. The cheques were materially forged because the signatures of the company officers were falsified, and handing them to the bank for verification and cashing constituted use in legal circulation.
Motifs extraits
The decisive point is the objective falsity of the documents, not the accused's belief. A document is forged when the apparent and actual author do not coincide. Presenting the cheques to the bank brought them into the legal sphere of the addressee intended to be deceived.