Fake rights: what are the differences and responsibility for use

On the Internet you can find many advertisements for the sale of driver's licenses. The clients of scammers are people who have decided to get their license for the first time, but do not want to spend time studying and passing exams. The second category of people who want to purchase a fake are drivers who have been deprived of the right to drive a car for various offenses. These people do not realize that driving with an invalid document is an act punishable not only administratively, but also criminally. What is the penalty for such a crime? Find out from this article.

What are fake licenses?

There are three types of fake driver's licenses:

Cheap, without any signs of protection. Even an inexperienced traffic police officer is able to recognize a fake. When creating it, the passport data of the person who will use it is used.
More expensive ones, called “mirror” rights. They have the main features of protection. To make duplicates, they take the data of another driver, which the customer provided himself, or the scammers found them in the traffic police information database.
Premium certificate. Real, unused, ill-gotten IDs apply. In such cases, it cannot be done without the participation of dishonest government officials.

Note!
Whatever the quality of fake licenses, they have a serious drawback - the lack of registration in the traffic police database. Most traffic police crews are equipped with laptops or tablets; it won’t be difficult for them to check you using a validator and detect fraud. Even “mirror” fakes will not save you, since the traffic police website has a photo of their real owner.

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How to legally get your driver's license back?

Despite the fact that buying a fake license has a number of advantages: no red tape, no requirements for driving, medical conditions, etc., it is better not to buy a fake, but to pass the license or, if you have been deprived of your license, then try to get your driver’s license back. law.

To do this, you will need the help of an experienced car lawyer. A free initial consultation is available on our website.

Therefore, do not be tempted by a quick purchase, but rather leave a request right now in the form below or on the right side of the screen and follow the action plan to legally restore your driver's license.

Despite the fact that modern realities force us to move faster because we do not want to waste time, we should not be tempted by the opportunity to buy a fake license and immediately get into the car. Firstly, you become a threat to the life and health of others, and secondly, using a fake driver’s license is a real crime, and it is punishable by criminal penalties.

In addition, this punishment can be increased if the culprit is a fugitive from the law, or, even worse, those who use false licenses to hide another crime.

Therefore, avoid the temptation to buy fake licenses, dissuade your friends and relatives from such a step, and also immediately report to the traffic police if you witness the purchase of fakes.

Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve the issue you have regarding Criminal Law, we advise you to seek the advice of a lawyer in support of the site. To do this, use the form below or contact the specialist directly on the right side of the screen.

Article for falsifying a driver's license

For the forgery, sale and use of fake driver's licenses, the perpetrator faces criminal prosecution. There is no specific article for such a crime in Russian legislation. The penalties applied are indicated in parts 1 and 3 of Art. 327 of the Criminal Code of the Russian Federation, which addresses issues of circulation of counterfeit documents.

At the same time, an unscrupulous driver will bear administrative liability for driving a vehicle without a driver’s license. Part 1 of Art. applied in such cases. 12.7 of the Code of Administrative Offenses provides for penalties in the form of fines.

Note!
If you rented out a vehicle without knowing that the tenant does not have the right to drive it, then you will not be held administratively liable.

Also, the presence of a falsified driving license will be an aggravating circumstance if you become guilty of an accident. The court will definitely take this fact into account, increasing the degree of responsibility for the crime committed.

What is forgery of license

A driver's license form is an official document that can only be issued by authorized traffic police authorities. To do this, citizens must undergo a mandatory course of theoretical and practical training in specialized institutions, and then confirm their knowledge and skills in an official exam at the State Traffic Safety Inspectorate.

Why is such an illegal act necessary as falsifying a license to drive a vehicle? This may be caused by the following circumstances:

the subject has not passed the training and test to obtain a driver's license, and fundamentally does not want to do so;
the citizen repeatedly committed violations when taking the exam and was unable to legally obtain the document;
the subject does not have the right to obtain rights due to medical conditions that prevent him from applying to the traffic police;
the person was deprived of his rights by court order.

Punishment for a fake driver's license

A driving license refers to documents that provide certain rights, in particular to drive a car. The following penalties apply for counterfeiting, manufacturing or selling:

restriction of freedom for a period of up to 2 years;
forced labor for up to 2 years;
arrest, the duration of which is no more than 6 months;
imprisonment for a period not exceeding 2 years.

If you are caught with a deliberately purchased counterfeit, the court will impose one of the following punishments:

penalties in the amount of up to 80 thousand rubles. or earnings for 6 months;
compulsory work for 480 hours;
correctional labor for up to 2 years;
arrest for a period of up to 6 months.

Note!
Purchasing a fake driver's license is a deliberate act, and for this reason you should not expect to be exempt from liability.

Fine for driving with a fake license

Criminal prosecution does not exempt from administrative punishment. Driving a vehicle with a fake driver's license is equivalent to driving without a license, therefore you will have to bear responsibility for violating the law:

if you have never had a certificate, the court may order you to pay a fine in the amount of 5 to 15 thousand rubles;
If you were previously deprived of the right to drive a car and were caught with a fake, then you face: a fine in the amount of 30 thousand rubles, arrest for a period not exceeding 15 days, or compulsory work for a period of 100 to 200 hours.

If a driver is found to have a fake license, a traffic police officer will detain him until the circumstances are clarified, and the car will be sent to an impound lot. Then you will have to pay a considerable amount to return the vehicle back.

What to do if your license is revoked

Considering that driving a car with a fake driver's license can lead to jail time, there is no need to buy a license. It seems that it is better to just drive without them, then you can only get away with a fine. But keep in mind that it is planned to amend the legislation of the Russian Federation, according to which repeated arrest for driving a car without a license will be considered a criminal offense, and real sentences will be assigned for it.

The most acceptable option is to contact an experienced auto lawyer. If you were deprived of your rights illegally, he will definitely discover this fact and defend your interests in court. When the punishment is quite fair, he will make every effort to reduce it.

Note!
Offering a traffic police officer a bribe is not an option. If he turns out to be a conscientious servant of the law and reports the incident, the punishment will be even more severe.

Summary

It is impossible to make a fake device so that it fully matches the original. Using modern technical means, it is easy for a traffic police officer to detect even a high-quality fake.

Forgery of a driver's license and its use is subject to criminal prosecution and administrative punishment. The amount of the fine depends on the circumstances of the crime and varies from 5 to 30 thousand rubles, the maximum term of imprisonment is 2 years.

Don't take risks! If you have lost your license, our car lawyers will help you get it back or try to reduce your sentence.

Latest questions on the topic: “Fake driver’s license - what is the punishment?”

False licenses, punishment for foreign citizens

If you are not a citizen of the Russian Federation and you were caught with a false license?
What punishment can you expect? Lilia, Krasnoyarsk is now online

The fact that he is not a citizen does not exempt him from criminal liability, if he knew that he was buying a counterfeit, then the rights of a colleague are part of Article 324 of the Criminal Code of the Russian Federation Article 327. Forgery, production or sale of counterfeit documents, state awards, stamps, seals, forms 1. Forgery of a certificate or other official document granting rights or exempting from obligations for the purpose of its use, or the sale of such a document, as well as the production for the same purposes or sale of counterfeit state awards of the Russian Federation, the RSFSR, the USSR, stamps, seals, forms - shall be punishable by restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years. (as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ) 2. The same acts committed with the aim of concealing another crime or facilitating its commission, - (as amended by Federal Law No. 162-FZ of December 8, 2003) are punishable by forced labor for up to four years or imprisonment for the same term. (as amended by Federal Law No. 420-FZ of December 7, 2011) 3. Using a knowingly forged document is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a period up to four hundred eighty hours, or correctional labor for up to two years, or arrest for up to six months. (as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ)

What are the penalties for using a fake driver's license?

The situation is this: I bought a mirror license (I didn’t have a license before and didn’t hesitate), yesterday the traffic police officers issued fines for these licenses, they didn’t detect a fake on the spot (the license is currently in my hands), the officers arrived at the department using the traffic police database They have identified a forgery, now they demand that you come to the department, write an explanatory note, and hand over your driver’s license until the circumstances are clarified.
Question: 1) what to do in this situation? 2) what to do with fake provos? (While I have a couple of days left and the license is in my hands)? Ivan, Chelyabinsk is now online

“Criminal Code of the Russian Federation” dated June 13, 1996 N 63-FZ (as amended on July 6, 2016) You face liability under Part 3 of Article 327 of the Criminal Code of the Russian Federation Only a sincere admission of guilt can mitigate your responsibility. Do not under any circumstances get rid of these rights - this will only aggravate your situation of the Criminal Code of the Russian Federation, Article 327. Forgery, production or sale of counterfeit documents, state awards, stamps, seals, forms 1. Forgery of a certificate or other official document granting rights or exempting from obligations for the purpose of its use or sale of such document, as well as the production for the same purposes or the sale of counterfeit state awards of the Russian Federation, the RSFSR, the USSR, stamps, seals, forms - is punishable by restriction of freedom for a term of up to two years, or by forced labor for a term of up to two years, or by arrest for a term of up to six months, or imprisonment for up to two years. (as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ) (see text in the previous edition) 2. The same acts committed for the purpose to hide another crime or facilitate its commission - (as amended by Federal Law No. 162-FZ of December 8, 2003) (see text in the previous edition) is punishable by forced labor for up to four years or imprisonment for the same term. (as amended by Federal Law No. 420-FZ dated 07.12.2011) (see the text in the previous edition) 3. Using a knowingly forged document is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period up to six months, or compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or arrest for a term of up to six months. (as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ) (see text in the previous edition)

False licenses

Good afternoon
I suspect that my husband (Egyptian citizen) has a false license. We live in the Russian Federation, in Moscow. The spouse has a work visa valid for 1 year. My question is the following: - Is it possible for traffic police officers to establish that foreign licenses are fake? - And what punishments can there be? Elena, Moscow now online

Hello Elena, despite the fact that your spouse is a foreign citizen, employees can establish the authenticity of a driver’s license, if it is determined that these documents are forged, liability will arise under Art. 327 of the Criminal Code of the Russian Federation. Article 327. Forgery, production or sale of counterfeit documents, state awards, stamps, seals, forms 1. Forgery of a certificate or other official document granting rights or exempting from obligations for the purpose of its use or sale of such a document, as well as production in the same purposes or sale of counterfeit state awards of the Russian Federation, RSFSR, USSR, stamps, seals, forms - is punishable by restriction of freedom for a term of up to two years, or by forced labor for a term of up to two years, or by arrest for a term of up to six months, or by imprisonment for a term of up to two years. up to two years. 2. The same acts committed with the aim of concealing another crime or facilitating its commission are punishable by forced labor for up to four years or imprisonment for the same term. 3. Using a knowingly forged document is punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or arrest for up to six months.

What are the consequences if a fake driver's license is purchased?

Interested in the consequences of buying fake licenses, “DSLRs” What will happen if this is discovered, but the best outcome, to the worst Alexandra, Krasnoyarsk
is now online

Good night, Alexander. For the use of a knowingly forged document, criminal liability is provided under Part 3 of Art. 327 of the Criminal Code of the Russian Federation. This crime is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a period of up to four hundred eighty hours, or by corrective labor for a term of up to two years.

Fake driver's license

Good afternoon
The situation is as follows: I was caught with a fake driver's license, what punishment awaits me? And how long does the investigation usually take before trial? And then after 3 months the long-awaited vacation, and then such a disaster (Vasily, Tatarstan is now online

Vasily, good afternoon! Article 327. Forgery, production or sale of counterfeit documents, state awards, stamps, seals, forms [Criminal Code of the Russian Federation] [Chapter 32] [Article 327] 1. Forgery of a certificate or other official document granting rights or exempting from obligations, for the purpose of its use or sale of such a document, as well as the production for the same purposes or sale of counterfeit state awards of the Russian Federation, RSFSR, USSR, stamps, seals, forms - is punishable by restriction of freedom for a term of up to two years, or by forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years. 2. The same acts committed with the aim of concealing another crime or facilitating its commission are punishable by forced labor for up to four years or imprisonment for the same term. 3. Using a knowingly forged document is punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or arrest for up to six months.

Fake driver's license

Hello, please tell me.
6 years ago, for my birthday, a former young man gave me a license, somehow I didn’t pay attention to whether it was legal or not, I was only 19 years old. I just put it in my passport and lie there until I bought a car this year, traffic police officers stopped me and discovered a fake, they have already issued a fine of 5 thousand rubles for not being able to drive the vehicle. Now they want to initiate a criminal case for using a forged document, what will happen now for this, I didn’t know that the document was not legal. Marina, Tomsk is online now
Hello Alexandra. Your actions show signs of a crime under Part 3 of Art. 327 of the Criminal Code of the Russian Federation - Using a knowingly forged document - is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to four hundred eighty hours, or by correctional labor for a term of up to two years. , or arrest for up to six months. In this case, you must understand that the fact whether you knew or not that the “driver’s license” is fake does not matter. The fact is that you did not receive the right to drive a vehicle - the right, in the proper way, i.e. did not study at a driving school, did not pass the exam. A driver's license is an official document and must only be obtained in a manner prescribed by law, and not as a birthday gift.

Responsibility

If the fact of using a false ID is established and confirmed by the case materials, the guilty person may be held criminally liable. The Criminal Code of the Russian Federation does not contain special rules for the application of sanctions for falsification of rights; liability will arise according to the rules provided for in Article 327 of the Criminal Code of the Russian Federation.

What is the threat to the criminal under this provision? The article in question provides for the application of sanctions for falsifying an official form of a certificate that grants its holder certain rights, including to drive a car. This crime includes the following illegal actions:

production of a false identification form;
sale of the document, i.e. transferring it to third parties for a fee or other benefit;
using a form if its owner knows that it is counterfeit.

Thus, sanctions will be applied not only for independently producing a license form, but also for acquiring it illegally.

The following types of punitive sanctions are allowed for this crime:

restriction of the offender's freedom;
forced labor;
arrest;
imprisonment of the guilty person.

In cases where the driver has nothing to do with the production of a counterfeit form, but only uses it for personal purposes, he faces a fine of up to 80 thousand rubles. (or in the amount of earnings for a period of up to six months), as well as corrective or compulsory labor. The law does not provide for imprisonment for such an offense.

How will this crime be proven? First of all, it will be checked whether the driver knew about the forgery of the document. If the subject has passed all the necessary checks and exams, paid the state duty to the traffic police, but received an inappropriate form under Art. 327 of the Criminal Code of the Russian Federation will obviously not be considered.

Similarly, if the driver used a genuine license issued to another person when driving, there is no talk of falsification. Punishment will only follow in the form of an administrative fine for driving a vehicle without proper documents.

Examination will be of key importance, during which not only the fact of falsification itself will be checked, but also the manufacturing methods. At the stage of investigation of a criminal case involving such a composition, only the help of a qualified lawyer will help to avoid liability for the production of the document. Since it is almost impossible to challenge the fact of using a falsified license if it was confiscated from the driver, the lawyer’s task will be to eliminate the penalty for producing an official state ID.

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Dmitry Leonov

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