Financial Crime World

Solomon Islands Justice System: Understanding Forgery Offenses and Charges

Introduction

In accordance with the Penal Code of Solomon Islands (Ch. 26), financial crimes, including forgery, are regulated under Chapter 29. This article outlines key provisions related to forgery under Solomon Islands law.

::: tip Adherence to English Legal Principles As per Section 3 of the Penal Code, any interpretation of Solomon Islands law must adhere to English legal principles and the Interpretation and General Provisions Act. :::

Offenses

[29.1] According to Section 336, forgery involves committing specific offenses, including:

  • Forging documents like wills, codicils, probate or letters of administration, deeds, bonds, or assignments.
  • Forging currency notes, bank notes, or endorsements on or assignments of a bank note.

Structure of Charges

[29.2] To charge someone for forgery, Section 336(1) outlines the required structure for drafting the charges. This includes:

  • Alleging that the defendant intentionally forged a document.
  • Describing the specific document forged.
  • Identifying the person or group intended to be defrauded with the forged document.

[29.3] Forgery [29.3.1] To commit forgery, an individual must falsify a document. [29.3.2] The document could be valuable securities, documents of title to lands or goods, power of attorney or other authorities.

[29.4] False Document [29.4.1] A false document refers to documents such as:

  • Valuable securities.
  • Documents of title to lands or goods.
  • Power of attorney or other authorities.

[29.5] Intent to Defraud [29.5.1] Forgery must be executed with the intention of defrauding:

  • The named person.
  • Another individual.

[29.6] Disputed Handwriting [29.6.1] In cases of disputed handwriting, Section 336(3) states a person:

  • Cannot be convicted of forgery solely based on disputed handwriting.

[29.7] Jurisdiction [29.7.1] The jurisdiction for prosecuting forgery cases falls under the Solomon Islands Courts.

[29.8] It’s important to note that forgery is not the only financial crime regulated in the Solomon Islands Penal Code. Other provisions cover:

  • Embezzlement.
  • Fraud.
  • Cheque fraud.
  • Money laundering.

These provisions broaden the scope of combatting financial crimes within the country. Stay tuned for more in-depth articles on various aspects of Solomon Islands’ criminal law and financial crimes.