Document forgery: what the law says and what penalties it entails
In the field of Criminal Law, one of the crimes considered to be of special relevance and seriousness is the crime of document forgery.
This type of crime, which involves the alteration, modification or use of false documents with the intention of deceiving or harming third parties, is the subject of serious attention by the authorities and the judicial system.
In this article, we will explore in depth the crime of document falsification, its legal aspects, consequences and how an expert criminal law attorney in Córdoba can provide legal defense in cases related to this crime.
What is the crime of document falsification?
The crime of document forgery, as regulated in the Spanish Penal Code, covers a variety of actions related to documents.
These actions may include the alteration, modification, simulation or falsification of a document or part of it ; as well as the creation of a new document from the false one.
This crime is regulated in articles 390 to 399 of the penal code.
Key elements of the crime of document falsification in Spain
For the crime of document falsification to be established, several key elements must be met.
- Existence of a document: The crime requires the existence of a document that is susceptible to being falsified. This can be a physical or electronic document.
- Falsification: The main action of the crime involves the creation, alteration or use of a false document with the intent to deceive or harm.
- Intention: The subjective element is fundamental. The author must act with the intention of obtaining an illicit benefit, harming another person or deceiving third parties.
- Damage or harm: Document falsification must cause real or potential damage or harm to third parties or to public order.
The protected legal interest encompasses the security of legal traffic, the integrity of public faith and the confidence of citizens and institutions in the authenticity of documents as means of evidence.
This crime is considered very serious and carries significant penalties , including substantial prison sentences and considerable fines.
Furthermore, the Criminal Code establishes differentiations in relation to the individual who commits the crime, which means that each case presents unique particularities.
In these circumstances, it is not only essential to have the assistance of a highly specialized criminal lawyer, but it is also essential to hire a handwriting and document expert.
These experts will collaborate in the detailed analysis of the aspects of the case, providing their technical knowledge to support the defense.
Types of documentary falsification crimes
Four categories of document forgery can be identified , which vary depending on the type of document being forged.
Each of these categories carries different legal sanctions , which are determined according to the severity of the action and the identity of the perpetrator.
On public, official and commercial documents
1. The authority or public official who, in the exercise of his or her duties, commits falsehood will be punished with prison sentences of three to six years, a fine of six to twenty-four months and special disqualification for a period of two to six years: 1 .º Altering a document in any of its essential elements or requirements. 2. Simulating a document in whole or in part, in a way that misleads about its authenticity. 3. Assuming in an act the intervention of people who have not had it, or attributing to those who have intervened in it statements or statements different from those they would have made. 4. Lacking the truth in the narration of the facts. Article 390.1 of the Penal Code
Forgery of private documents
1. The individual who commits, in a public, official or commercial document, any of the falsehoods described in the first three numbers of section 1 of article 390, will be punished with prison sentences of six months to three years and a fine of six to twelve. months. Article 392.1 of the Penal Code
Of certificates
The physician who issues a false certificate will be punished with a fine of three to twelve months. Article 397 of the Penal Code
The authority or public official who issues a false certification with little significance in legal traffic will be punished with a suspension penalty of six months to two years. This provision will not be applicable to certificates related to Social Security and Public Finance Article 398 of the Penal Code
Counterfeiting of credit and debit cards, traveler's checks and other payment instruments other than cash
1. Whoever alters, copies, reproduces or in any other way falsifies credit or debit cards, traveler's checks or any other payment instrument other than cash, will be punished with a prison sentence of four to eight years. The sentence will be imposed in its upper half when the falsified effects affect a generality of people or when the acts are committed within the framework of a criminal organization dedicated to these activities. When, in accordance with the provisions of article 31 bis, a legal person is responsible for the above crimes, a fine of two to five years will be imposed. Taking into account the rules established in article 66 bis, judges and courts may also impose the penalties included in letters b) to g) of section 7 of article 33. 2. The possession of credit or debit cards, traveler's checks or any other falsified payment instruments other than cash, intended for distribution or trafficking will be punished with the penalty indicated for falsification. 3. Whoever, without having intervened in the falsification, uses, to the detriment of another and knowing of the falsity, credit or debit cards, traveler's checks or any other payment instruments other than cash, will be punished with a prison sentence of two to five years. 4. Anyone who, for fraudulent use and knowing their falsity, possesses or obtains, for himself or a third party, credit or debit cards, traveler's checks or any other payment instrument other than cash will be punished with a prison sentence. from one to two years. Article 399 bis of the Penal Code
Legal consequences of the crime of document falsification in Spain
The legal consequences for those convicted of document forgery can be significant.
These consequences may vary depending on the severity of the case and the particular circumstances.
Some of the possible penalties include:
- prison sentences: Depending on the severity of the crime, convicted offenders may face prison sentences that vary in length. In serious cases, prison sentences can be substantial.
- economic fines: In addition to the prison sentence, those convicted may be required to pay substantial fines.
- Damage repair: Courts can order those convicted to repair the damage caused to victims or to return what was illegally obtained.
- Criminal record: A conviction for document falsification can leave a criminal record, which can affect the life of the convicted person in terms of employment and reputation.
Legal defense in cases of document falsification in Córdoba
When someone faces accusations of document forgery in Cordoba, having a solid legal defense is essential.
An experienced criminal lawyer can make all the difference in the resolution of a case.
Some of the defense strategies an attorney may employ include:
- Test review: A lawyer will carefully analyze the evidence presented in the case to identify possible errors, inconsistencies or gaps that may favor the accused.
- Demonstrate lack of intent: In cases where there is no intention to commit the crime, a lawyer can argue that the action was involuntary or that it was not intended to obtain an illicit benefit.
- Negotiation of agreements: In some cases, an attorney can negotiate plea deals to reduce penalties, such as shorter prison sentences or less onerous fines.
- Defense based on extenuating circumstances: If there are circumstances that may justify or mitigate the action, an attorney can present these arguments to the court.
Lawyers in Córdoba: Protecting your rights
The crime of document falsification in Córdoba can have serious consequences.
It is essential to understand the complexity of the laws and have an experienced legal defense to address these types of accusations.
Our team of expert criminal lawyers in Cordoba is here to help you face the charges and protect your rights.
Don't hesitate to contact us today to schedule a consultation and discuss your case in detail.
Your future is at stake, and we are here to fight for your justice.
Don't wait, contact us now! +34 957 858 952 / [email protected]
Conclusion on What is the crime of document falsification: a lawyer explains it to you
The crime of document falsification is a serious and complex legal matter that can have a significant impact on the lives of those facing charges.
Understanding the legal aspects of this crime, its consequences, and how to obtain a strong legal defense is crucial. RRYP Global is our law firm in Córdoba, and we are committed to providing the legal representation you need to defend your rights and obtain a fair outcome in your document forgery case.
Please feel free to contact us for reliable legal advice and help!
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