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Bufete de abogados penalistas Alonso Sala
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Document Forgery

Technical defense in forgery crimes. The border between administrative irregularity and criminal offense.

Documentary Truth in Criminal Process

Forgery crimes protect "public faith", i.e., society's trust that documents tell the truth. The Penal Code clearly distinguishes by nature of the document and author. It's not the same to alter a prescription (official doc) vs a rental contract between friends (private doc); nor is it the same if a notary lies (ideological forgery) vs if you lie.

It is crucial to understand that for a crime to exist, the alteration must affect essential elements and have potential to deceive in legal traffic. An innocuous lie or a crude photocopy no one would believe isn't crime. At Alonso Sala, we analyze the "suitability" of the fake document to determine if it really endangered the legal interest.

Common Casuistry

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Public Document Forgery

Defense in alterations of IDs, Passports, Notarial Deeds, or Judicial Resolutions. High prison penalties.

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Private Document Forgery

Manipulation of contracts, invoices, receipts, or emails between individuals. Requires intent to harm a third party.

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Commercial Document Forgery

Forgery of checks, promissory notes, invoices, or balance sheets. Very common in business and bankruptcy.

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Use of False Document

Presenting a false document knowing it is false, even if you did not forge it. Same penalties as the forger.

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Defense Lines

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Atypical Ideological Forgery

Individuals do NOT commit crime by lacking truth in narration of facts in public documents (with exceptions). Lying in a deed about real price is not forgery (though maybe tax fraud).

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Crude Forgery

If forgery is so evident to naked eye that it is incapable of deceiving an average person, there is no crime. We defend lack of "harmful suitability" of document.

move_to_inboxThe Crime of Use (I did not forge anything)

Many believe that "presenting" a fake document given to them is not a crime. Mistake. The Penal Code punishes with THE SAME PENALTY the one who forges and the one who uses it knowing its falsity to harm another. Common in rental contracts (bought fake payslips), traffic (fake licenses), or immigration. Defense focuses on "knowledge of falsity" (intent).

CLASSIFICATIONTypes of Documents & Gravity

Penalty depends radically on what is forged. Penal Code protects public/commercial more than private.

Public & Official

ID, Passport, Driver License, Court Rulings, Notary Deeds.

Very Serious
Commercial

Checks, Promissory Notes, Bills of Exchange, Balance Sheets, Invoices, Receipts.

Serious
Private

Contracts between individuals, letters, emails, simple notes.

Less Serious (Requires Harm)
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Why Alonso & Sala for Document Forgery?

A document forgery accusation can destroy your professional reputation forever. We defend your innocence with top-level handwriting expert reports and technical analysis of the 'suitability' of the alleged false document.

  • checkUrgent private handwriting and document forensic analysis.
  • checkTechnical defense of 'innocuous forgery' (incapacity to deceive).
  • checkExperience in defense of 'crime of use' (absence of knowledge).
  • checkWe technically distinguish the punishable from what is mere civil irregularity.
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FAQs

Difference between ideological and material forgery?expand_more
Material is physically altering the document (erasing a date, changing a photo, fake signatures). Ideological is lying about the content of an authentic document (e.g., a notary attesting to a sale that didn't exist). Individuals CANNOT commit ideological forgery in public documents (lying to the notary is usually not forgery, with exceptions), but can commit material forgery.
Is signing for someone else with permission a crime?expand_more
Technically, imitating another's signature is forgery. However, if authorization exists and there is no harm to third parties, jurisprudence usually acquits due to lack of forged intent (intent to deceive) or considers it an 'innocuous forgery'.
Penalty for forging an ID or Passport?expand_more
Very serious (Art. 392 CP). Prison from 6 months to 3 years and fine. Using another's ID to identify oneself can also be considered identity theft.
What if I present a fake payslip for rent?expand_more
It is a crime of forgery in a private document (if you created it) or use of a false document. Moreover, it can be the means to commit fraud. If you don't pay rent, you will be accused of both.
Is lying on a CV a crime?expand_more
Exaggerating experience is not. But fabricating a fake university degree (physical or PDF) and presenting it to get a public job is official document forgery. In private companies, it's private document forgery.
What is 'innocuous forgery'?expand_more
Alterations that, although false, are so crude or relate to such irrelevant elements that they cannot deceive anyone or affect legal traffic. They are unpunished.
Can I go to jail for fake medical prescriptions?expand_more
Yes, it is official document forgery. Forging prescriptions to get drugs (e.g., psychotropics) is a crime, plus potential public health crimes.
Modifying an invoice to pay less VAT?expand_more
It commits commercial document forgery (very serious) concurrent with tax fraud (if quota exceeds €120k). Manipulating accounting is the prelude to prison in economic crimes.
What is the crime of 'use'?expand_more
Art. 393 and 396 punish those who, without having fabricated the false document, use it to deceive knowing it is false. The penalty is the same as for the forger (or lower degree depending on case).
Are fake license plates a crime?expand_more
Yes, modifying car plates (tape/paint) to avoid fines is official document forgery. Prison and fine.
Is forging a concert ticket a crime?expand_more
Yes, private or commercial document. If sold massively, it's also fraud.
How is a fake signature detected?expand_more
By handwriting experts. They analyze pressure, speed, ovals, and gesture types. Our defense usually includes counter-expert reports to question authorship.
What is an official document by destination?expand_more
Documents that, being private, are incorporated into a public file and acquire official character for criminal purposes (e.g., a visaed architect project).
Do forgeries expire?expand_more
Depends. Public/official/commercial document in 5 years. Private document in 3 years.
What if someone forges my signature without consent?expand_more
You are the victim of document forgery. It's crucial to report immediately and request official handwriting analysis to prove the signature wasn't yours. The crime is committed by the forger.
Is altering medical certificates to justify sick leave a crime?expand_more
Yes, very serious official document forgery. Modifying medical reports or work leave certificates is a common crime detected through Social Security data cross-checks.
Can a notary commit forgery?expand_more
Yes, when attesting to facts that didn't occur in their presence, they commit ideological forgery in public document (Art. 390). One of the most serious crimes, 3-6 years prison plus disqualification.
What if I erase part of an already-signed contract?expand_more
It's material forgery in private document. If done after both parties signed, it alters the original agreement's truth, harming the other party. Carries 6 months to 2 years prison.
Is scanning a university degree and modifying it with Photoshop a crime?expand_more
Absolutely. Creating a digitally false document has the same criminal consideration as forging physical paper. Presenting it to get a job or access a master's program is a consummated crime.
What defense do I have if accused of using a document I believed authentic?expand_more
The key is proving absence of intent (knowledge of falsity). If you received the document in good faith and had no reasonable way to know it was fake, there's no crime. We must prove your legitimate belief in authenticity.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

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