Article 395 Criminal Code: Forgery of a Private Document (2026)
Last updated:
listIn this article
lightbulbKey Takeaways
- check_circlePenalty: 6 months to 2 years in prison
- check_circlePrivate document only (not public or commercial)
- check_circleRequires intent to harm another
- check_circleLying in the narrative is NOT a crime
Quick answer
Article 395 of the Spanish Criminal Code punishes with six months to two years' imprisonment anyone who, in order to harm another, commits in a private document one of the first three forgeries of Art. 390.1 (altering an essential element, simulating the document, or supposing the involvement of people who did not take part). Unlike public documents, merely lying in the narrative of a private document is not a crime.
Article 395 of the Spanish Criminal Code governs the forgery of a private document: the least serious form of document forgery, reserved for documents that are not public, official or commercial (a contract between private parties, a receipt, an email, a promissory note without commercial involvement). As criminal defence lawyers, this is an offence that often appears in civil and commercial disputes that spill over into the criminal courts.
What Is Forgery of a Private Document?
Art. 395 punishes anyone who, in order to harm another, commits in a private document one of the forgeries set out in the first three numbers of Art. 390.1. The penalty is six months to two years' imprisonment. Two features define it: it requires a specific intent to harm a third party and it is limited to a private document.
The Punished Conduct (referring to Art. 390.1)
- 1st. Altering the document in any of its essential elements or requirements.
- 2nd. Simulating a document in whole or in part, so as to mislead about its authenticity.
- 3rd. Supposing the involvement of people who did not take part, or attributing to those who did statements different from the ones they made.
Key: lying is not always forgery
Art. 395 does not refer to the fourth form of Art. 390.1 (departing from the truth in the narrative of the facts). That is why ideological falsehood — a mere lie — in a private document is not a crime, unlike in public documents.
Why Lying in a Private Document Is Not a Crime
The reason is substantive: a private document does not carry a presumption of truth like a public one. Whoever receives a private document can check its content. That is why criminal law only steps in where there is a material manipulation of the document (it is altered, simulated or someone's involvement is invented), not where its author merely departs from the truth in what they state.
Differences from Arts. 390 and 392 CP
Document forgery is graded by the type of document and by who commits it:
- Art. 390 CP: an authority or public official in a public, official or commercial document. Imprisonment of 3 to 6 years, a fine and disqualification. The most serious.
- Art. 392 CP: a private individual in those same documents. Imprisonment of 6 months to 3 years and a fine.
- Art. 395 CP: a private individual in a private document. Imprisonment of 6 months to 2 years, and it requires intent to harm another.
Defence Strategies
- Nature of the document: proving the document is private (and not commercial), which brings the case under the least serious offence.
- Ideological, not material, falsehood: if what is at stake is a lie in the narrative and not a material manipulation, the conduct is not punishable.
- Absence of intent to harm: Art. 395 requires that aim; without it, there is no offence.
- Irrelevance: proving that the alteration does not affect an essential element of the document.
⚖️ Need a criminal defence lawyer?
If you are facing a charge of forging a private document, our firm can help. A firm dedicated exclusively to criminal law.
Frequently asked questions
What does Article 395 of the Criminal Code punish?expand_more
It punishes anyone who, in order to harm another, forges a private document by committing one of the first three forgeries of Art. 390.1 CP: altering an essential element of the document, simulating it in whole or in part so as to mislead about its authenticity, or supposing the involvement of people who did not take part (or attributing to them different statements). The penalty is six months to two years' imprisonment.
Is it a crime to lie in a private document?expand_more
On its own, no. Article 395 refers only to the first three forms of Art. 390.1 and leaves out the fourth — departing from the truth in the narrative of the facts. In other words, a mere lie (ideological falsehood) in a private document is not a crime, unlike what happens with public, official or commercial documents.
How does Art. 395 differ from Art. 390 or 392 CP?expand_more
The type of document and the author. Art. 390 punishes forgery by an authority or public official in a public, official or commercial document (3 to 6 years' imprisonment). Art. 392, the same forgery by a private individual (6 months to 3 years). Art. 395 is the least serious: forgery by a private individual in a private document (6 months to 2 years), and it also requires intent to harm another.
What is the penalty for forging a private contract or document?expand_more
Six months to two years' imprisonment, provided it is done to harm another and through one of the material forgeries of Art. 390.1. If the forged document is also used to defraud, it may run concurrently with a fraud offence.
gavelDo you need criminal defense in this area?
We are criminal defense lawyers specializing in general criminal defense. We act urgently to protect your rights.