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People's Procuratorate of Jing'an District, Shanghai City v. Zhang Meihua (Case on Forging A Resident Identity Card)
上海市静安区人民检察院诉张美华伪造居民身份证案
【法宝引证码】

People’s Procuratorate of Jing’an District, Shanghai City v. Zhang Meihua (Case on Forging A Resident Identity Card)
(Case on Forging A Resident Identity Card)
上海市静安区人民检察院诉张美华伪造居民身份证案

People's Procuratorate of Jing'an District, Shanghai City v. Zhang Meihua
(Case on Forging A Resident Identity Card)

 

上海市静安区人民检察院诉张美华伪造居民身份证案

 【裁判摘要】

 被告人在未能补办遗失居民身份证的情况下,雇佣他人以本人的真实身份资料伪造居民身份证,供自己在日常生活中使用的行为,虽然违反身份证管理的法律规定,但情节显著轻微,危害不大,根据刑法十三条的规定,应认定不构成犯罪。
BASIC FACTS 

Procuratorial Organ: People's Procuratorate of Jing'an District, Shanghai City (hereafter referred to as Jing'an Procuratorate)

 公诉机关:上海市静安区人民检察院。
Defendant: Zhang Meihua (hereinafter called “Zhang”), female, 42, born in Shanghai City, undertaking recognizance upon bail on March 19, 2004. 被告人:张美华,女,42岁,上海市人,2004年3月19日被取保候审。
PROCEDURAL POSTURE 
Jing'an Procuratorate initiated a public prosecution with the People's Court of Jing'an District, Shanghai City (hereafter referred to as Jing'an Court) against Zhang for her crime of forging a resident identity card. 上海市静安区人民检察院以被告人张美华犯伪造居民身份证罪,向上海市静安区人民法院提起公诉。
The indictment says that Zhang hired another person to forge a resident identity card, and she was found to use this card to apply for overdraft in the bank. Zhang's act had violated Paragraph 3, Article 280 of the “Criminal Law of the People's Republic of China” (hereinafter referred to as the Criminal Law), and constituted the crime of forging a resident identity card. Jing'an Procuratorate requested Jing'an Court to render a judgment in accordance with the law. 起诉书指控:被告人张美华雇佣他人伪造居民身份证一张,使用此证到银行办理透支业务时被发现。张美华的行为触犯了《中华人民共和国刑法》(以下简称刑法)第二百八十条第三款的规定,构成伪造居民身份证罪,请依法判处。
Zhang had no dissent to the facts described in the indictment, but contended that she got a divorce from her former husband and moved her residence registration out of the original domicile. After that, she had no permanent domicile all along, and was unable to settle her residence registration. After losing her identity card, she applied to the police office of the public security bureau at her former locality of residence registration for a new one. The receptionist told her that she could not obtain a new resident identity card since she was no longer registered as a permanent resident within the jurisdiction, but did not tell her that she may apply for a temporary identity card. Disappointed at obtaining a new identity card through lawful avenue, Zhang had to spend money in hiring a person to forge an identity card. 被告人张美华对起诉书指控的事实没有异议,但辩称:与前夫离婚并将户口迁出原住址后,由于一直无常住地址,不能办理落户手续。在身份证遗失后,曾向原户籍所在地的派出所申请补办。接待人员告知,由于其已不是该辖区的常住户口,故不能补办,但没有告知可以申办临时身份证。由于认为再也无法通过合法途径补办到身份证,不得已才花钱雇人伪造了身份证。
It was verified by Jing'an Court through hearing that: 上海市静安区人民法院经审理查明:
Zhang lost her resident identity card due to carelessness, and was unable to apply to the public security organ for a new one since her residence registration was not settled. So she paid someone else in the end of May 2002 to forge a resident identity card with her own photo, genuine name, identity card number and temporary residential address. On March 18, 2004, Zhang was found by the bank clerk when she used the forged resident identity card to draw money in her normal banking card business from Bank of China, Putuo Sub-branch of Shanghai. 被告人张美华不慎遗失居民身份证,因其户口未落实,无法向公安机关申请补办居民身份证,遂于2002年5月底,以其本人照片和真实的姓名、身份证号码和暂住地地址,出资让他人伪造了居民身份证一张。2004年3月18日,张美华在中国银行上海市普陀支行使用上述伪造的居民身份证办理正常的银行卡取款业务时,被银行工作人员发现而案发。
The above facts could be proved with the following evidences submitted by the procuratorial organ: 上述事实,有公诉机关提交的下列证据证实:
1. A copy of the list of distrained articles, which could prove that Shanghai Municipal Bureau of Public Security, Jing'an Branch collected from Zhang's place a resident identity card bearing the name of “Zhang Meihua”. 1.扣押物品清单一份,证实上海市公安局静安分局从张美华处查获姓名为“张美华”的居民身份证一张。
2. A copy of “Expertise Letter on the Resident Identity Card” issued by the Certificate Production Center of Shanghai Municipal Bureau of Public Security, with the expertise conclusion as: the resident identity card bearing the name of “Zhang Meihua” had errors in the secret mark and processing, and is thus a forged one. 2.上海市公安局制证中心出具的《居民身份证鉴定书》一份,鉴定结论为:姓名为“张美华”的居民身份证,暗记错误、工艺错误,属伪造证件。
3. A copy of “Basic Information of the Historic Database of Permanent Residents”, which could prove that the contents on the forged identity card were consistent with the those in the “Basic Information of the Historic Database of Permanent Residents” about Zhang. 3.《常住人口历史库基本信息》一份,证实伪造身份证上载明的内容,与《常住人口历史库基本信息》中有关张美华的基本信息内容一致。
4. Testimony of L? Guilan, a witness, largely proving that the dwelling place filled in the identity card was L?'s apartment rent by Zhang. 4.证人吕桂兰的证言,主要内容是:伪造身份证中填写的住址,是其租赁给张美华居住的房屋。
5. Testimony of Gu Xiaodong, a witness, largely proving that, on the morning of March 18, 2004, Zhang brought her identity card and the international credit card issued by Bank of China, which could be used for overdraft, to Bank of China, Putuo Sub-branch of Shanghai, requesting overdraft of Renminbi 3500 Yuan. However, Zhang's identity card was found through verification to be a forged one. 5.证人顾晓冬的证言,主要内容是:2004年3月18日上午,张美华持本人身份证及可透支的中国银行国际信用卡至中国银行上海市普陀支行,要求透支人民币3500元。经查验,张美华所持身份证系伪造。

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