Criminal Law Code as at 1st March 2007 “public document or item” means a document or item, including a judicial document or item, issued by or on behalf of the State. 136 Fraud Any person who makes a misrepresentation⎯ (a) intending to deceive another person or realising that there is a real risk or possibility of deceiving another person; and (b) intending to cause another person to act upon the misrepresentation to his or her prejudice, or realising that there is a real risk or possibility that another person may act upon the misrepresentation to his or her prejudice; shall be guilty of fraud if the misrepresentation causes actual prejudice to another person or is potentially prejudicial to another person7 and be liable to⎯ (i) a fine not exceeding level fourteen or not exceeding twice the value of any property obtained by him or her as a result of the crime, whichever is the greater; or (ii) imprisonment for a period not exceeding thirty-five years; or both. 137 Forgery (1) Any person who forges any document or item by— (a) making a document or signature which purports to be made by a person who did not make it or authorise it to be made or by a person who does not exist; or (b) tampering with a document or item by making some material alteration, erasure or obliteration; with the intention of defrauding another person or realising that there is a real risk or possibility of defrauding another person thereby, shall be guilty of forgery and liable to⎯ (i) in a case of forgery of a public document or item, a fine not exceeding level fourteen or imprisonment for a period not exceeding twenty years or both; or (ii) in a case of forgery of a document or item other than a public document or item, a fine not exceeding level thirteen or imprisonment for a period not exceeding fifteen years or both. (2) In a case where⎯ (a) a person delivers or causes to be delivered a forged document or item to another person with the intention of defrauding that person or realising that there is a real risk or possibility of defrauding that person⎯ (i) the competent charges shall be fraud and forgery if the person delivering the forged document or item or causing it to be delivered also forged it; (ii) the competent charge shall be fraud if the person delivering the forged document or item or causing it to be delivered did not forge it; 7 As amended by s. 31 of Act 9/2006 [deletion of " if the misrepresentation causes prejudice to another person or creates a real risk or possibility that another person might be prejudiced" and substitution of words in text]. - 81 -