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【裁判要旨】我国刑法规定,行为人实施伪造学历、学位证书的行为,构成伪造事业单位印章罪。本案行为人为就业需要和贪图便利,伪造自己此前已经合法获得的证书,符合伪造事业单位印章罪的构成要件。但因伪造的证书尚未使用,更未用于非法用途,没有对社会造成严重危害,属于刑法第十三条规定的情节显著轻微,可不认为是犯罪。
【Referee essence】 Criminal Law of our country, the perpetrator of false education, degree certificate constitutes a crime forged institutions seal. In this case, the man is in need of employment and is seeking for convenience. He has forged himself a certificate legally obtained before, which is in line with the constitutional requirements of the crime of forging the seal of the institution. However, because the forged certificate has not been used yet, it has not been used for illegal purposes and has not caused any serious harm to the society. The circumstances under Article 13 of the Criminal Law are notable and can not be regarded as crimes.