Before which authority: The Court
According to which procedure (state the applicable rules):
The reinforced probative value can only be challenged by way of the procedure to challenge the authenticity of a document. This procedure is governed, for civil matters, by Articles 895 et seq. of the Judicial Code and, for criminal matters, by Articles 448 et seq. of the Code of Criminal Procedure.
In civil matters, the procedure to challenge the authenticity of a document may be principal or incidental. In the latter case, the judge hearing the main case has jurisdiction to rule on the authenticity of a document. In both cases, the judge orders the parties to appear before him/her and orders the defendant in a civil case to produce the alleged false document. If the defendant appears and declares that he/she doesn’t wish to use this piece of evidence, the judge takes note of that and has an official report drawn up. However, if the defendant declares that he/she wants to use it, the judge initials the document and orders it to be handed over to the court registry. After having taken all necessary investigatory measures, the judge will rule on the authenticity of the document. If the judge declares it to be false, the ruling is mentioned in the margin of the document in question and an official report is drawn up. The document is seized and sent to the public prosecutor, together with a copy of the ruling declaring it to be false.
In criminal matters, if in the course of proceedings an authentic instrument is produced which one the parties claims to be false, such party shall call on the other party to declare whether or not they intend to use such item. If the party declares that they don’t want to use it or makes no declaration within eight days, the disputed item is rejected in the trial. However, if the party declares its intention to use it, the court hearing the main case is incidentally seized with the matter.
Within what timeframe:
In civil matters, the judge may immediately rule on the issue if he/she deems it can be ruled upon as it stands. Otherwise, the judge may decide on any necessary investigatory measures; the judge can either take such measures him or herself or direct that such measures be taken in accordance with the provisions on the verification of documents (Art. 902 of the Judicial Code).
In criminal matters, if the party who has argued that the document is false alleges that the party who has produced it is the author or an accomplice or, if it emerges in the proceedings that the author or the accomplice is alive and prosecution of the crime is not time-barred, the charge will be prosecuted in due form.
In a civil court case, judgment will be suspended until the ruling on the authenticity of the document is issued.
If crimes, offences or infringements are involved, the court or tribunal seized has to rule first, and after having heard the officer in charge at the public ministry, whether or not judgment should be suspended.
