Blog category
Forgery & Counterfeiting
12 articles on forgery & counterfeiting: penalties, case law and defence strategy. See the practice area →
False Certificates (Arts. 397-399 CP): Penalties by Who Issues Them
False certificates carry lighter penalties than ordinary document forgery. We explain what Arts. 397 to 399 CP punish depending on whether the offender is a doctor, an official or a private individual.
Use of a False Document (Arts. 393 and 396 CP): The Penalty for the User, Not the Forger
Knowingly using a false document is a crime even if you did not create it. We explain the penalties under Arts. 393 and 396 CP, always one degree lower than the forger's, and the knowledge requirement.
Article 392 CP: Document Forgery by a Private Individual (Material vs Ideological)
Art. 392 CP punishes a private individual who materially forges a public, official or commercial document, not a mere lie in its content. Six months to 3 years in prison plus a fine of 6 to 12 months.
I Received a Counterfeit Note in Good Faith and Spent It: Is It a Crime? (Art. 386 CP)
Paying with a counterfeit note without knowing it was fake is not a crime. It is only an offence to pass it on once you know it is counterfeit, and with a far lower penalty than the forger's (3-6 months or a fine), not the 8-12 years of the maker.
Forgery of Postage Stamps and Stamped Effects (Art. 389 CP)
Article 389 CP punishes forging or distributing postage stamps and stamped effects in Spain. Offence, penalties by role and value, and lines of defence.
Usurpation of public functions (Art. 402 CP): when impersonating an authority or public officer is a crime in Spain
What Art. 402 CP punishes, how it differs from the improper use of a uniform (402 bis) and from professional intrusion (403), and how this charge is defended.
Forgery of an ID Card, Passport or Licence: Art. 392 CP
Forging or using a false ID card, passport or driving licence is forgery of an official document by a private individual (art. 392 CP). Penalties and defence.
Credit Card Forgery: Article 399 bis of the Criminal Code
Article 399 bis CP punishes forging, holding for distribution or using forged credit or debit cards and traveller's cheques, with penalties of up to eight years.
Article 395 Criminal Code: Forgery of a Private Document (2026)
Art. 395 CP punishes forging a private document in order to harm another, not a mere lie in its content nor a falsehood without intent to harm. Six months to 2 years in prison.
Article 390 Spanish Criminal Code: Document Forgery (2026)
Article 390 of the Spanish Criminal Code: the forms of document forgery, the difference between forgery by a public official and by a private individual.
Document Forgery: Art. 390-399 CP ▷ Types and Penalties 2026
Altering a payslip, forging a signature on a contract or modifying a public document are serious offences. We analyse the types of document forgery.
Digital Document Forgery: From Signatures to Edited PDFs
Is it a crime to modify a payslip with Photoshop to rent an apartment? Differences between public and private document forgery.
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