Forgery and uttering are two separate crimes and can be committed by different people.
Definition of forgery: Unlawfully making a false document, causing actual or potential prejudice to another person, with the intention to do so and the intention to defraud.
Elements of Forgery
- Unlawfully making
- A false document
- Causing actual or potential prejudice
- To another person
- With the intention to defraud
When the term forgery is used, one immediately thinks about fraud but it is so important to understand the difference between forgery and fraud. In South Africa, fraud occurs when a person makes a misrepresentation which can cause prejudice or potential prejudice, forgery however takes a step further by actually producing false documentation of that fact.
UTTERING
Definition of uttering: Unlawfully presenting a false document, causing actual or potential prejudice to another person, with the intention to do so and the intention to defraud.
Elements of uttering
- Unlawfully presenting/communicating (to another person)
- A false document
- Causing actual or potential prejudice to another person
- With the intention to defraud
As an example, one could forge a signature on a document, create a false identity document or forge an artwork to sell for money.
When a forged document is presented, one would be guilty of the crime of uttering of a forged document. Therefore creating a false document is forgery, and presenting or using that forged document is uttering. Both actions are a crime in South Africa.