Forgery of Credit and Debit Cards
Specialist criminal defence in the forgery, alteration, possession and use of credit cards, debit cards and traveller's cheques.
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Card Forgery: Article 399 bis of the Criminal Code
Forgery of credit and debit cards is governed by Article 399 bis of the Criminal Code, within the chapter on counterfeiting of currency. The legislator has chosen to protect with particular intensity the means of payment that replace cash in economic transactions. As criminal defence lawyers specialising in document forgery, at Alonso Sala we defend those investigated for the forgery, alteration, possession and use of cards and traveller's cheques.
The provision covers both credit and debit cards and traveller's cheques. The reason for its severity is that these means of payment circulate like money: their forgery directly affects confidence in the financial system and is therefore punished with penalties comparable to those for counterfeiting of currency and far higher than those for ordinary public document forgery.
Equated with Counterfeiting of Currency
Article 399 bis 1 CC punishes whoever alters, copies, reproduces or in any way forges credit or debit cards or traveller's cheques with imprisonment of 4 to 8 years. This penalty is the same as that for counterfeiting of currency, making this one of the most serious forgery offences in the Criminal Code.
- Material forgery: Manufacturing a card from scratch, imitating the security features (magnetic stripe, chip, holograms, numbering).
- Alteration: Modifying the data of a genuine card (re-recording the stripe, manipulating the chip).
- Cloning (skimming): Copying the data of a legitimate card onto a different medium in order to operate with it.
The criminal organisation dedicated to card forgery constitutes an aggravated subtype with higher penalties, given the scale and professionalisation of this conduct.
Possession and Use of Forged Cards
The Criminal Code punishes not only the person who manufactures the card, but also whoever possesses or uses it:
- Possession for distribution or use: Possession of forged cards or traveller's cheques intended for distribution or trade is punished with the lower penalty than that provided for the forgery.
- Knowing use by a third party (Art. 399 bis 3 CC): Whoever, without having taken part in the forgery and to the detriment of another, knowingly uses a forged card faces imprisonment of 2 to 5 years.
The suitability of the instrument is essential: the forged card must be capable of operating in commerce (ATMs, point-of-sale terminals, e-commerce). A crude and unusable reproduction may lack criminal relevance for unsuitability.
Concurrence with Fraud and Disclosure of Secrets
Card forgery is rarely committed in isolation; it is usually a means to a financial end. It therefore frequently concurs with other offences:
- Fraud (Art. 248 CC): When the forged card is used to obtain money, goods or services by deception, concurrence with fraud arises.
- Disclosure and revelation of secrets: The unlawful capture of card data (skimming, installation of readers in ATMs) may constitute an offence of disclosure of secrets through unauthorised access to protected data.
The correct delimitation of these concurrences is decisive, since it determines the final penalty and makes it possible to challenge any undue accumulation of charges.
Defence Strategy
- Unsuitability of the instrument: Demonstrate that the seized card was not capable of operating in commerce and lacked any capacity to defraud.
- Absence of intent in the use: Establish that the user did not know the card was forged (Art. 399 bis 3 CC requires knowing conduct).
- No intended trade: In possession cases, dispute that the cards were intended for distribution or use.
- Delimitation of concurrence: Avoid double punishment where the forgery and the fraud respond to one and the same operation.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Forgery or alteration (Art. 399 bis 1 CC) | Imprisonment of 4 to 8 years, equated with the counterfeiting of currency. |
| Possession for distribution or use | Lower penalty than that provided for the forgery, where the cards are intended for trade. |
| Knowing use by a third party (Art. 399 bis 3 CC) | Imprisonment of 2 to 5 years for whoever, to the detriment of another, uses a forged card without having taken part in its forgery. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Unsuitability to Defraud
Establish through expert evidence that the card could not operate in ATMs or terminals, which excludes its capacity to be used in commerce.
Mistake as to the Forgery
Prove that the accused genuinely believed the card was legitimate when using it, which excludes the intent required by the offence.
Correct Medial Concurrence
Delimit the relationship between forgery and fraud to avoid an undue accumulation of penalties for a single course of conduct.
Document Forgery, False Testimony & Digital Crimes in Spain
Document forgery (Art. 390-399 CP), false testimony (Art. 458-462 CP), and cybercrime (Art. 197-197 bis CP) are legal areas where technical evidence — forensic document analysis, digital trails, and expert testimony — dominates the trial. As criminal defense lawyers specializing in these offenses, we counter each piece of forensic evidence with our own expert analysis.
Penalty Table: Documentary and Informational Offenses
| Offense | Article | Penalty |
|---|---|---|
| Public Document Forgery | Art. 390 | 3 – 6 years + disqualification |
| Commercial Document Forgery | Art. 392 | 6 months – 3 years |
| Private Document Forgery | Art. 395 | 6 months – 2 years |
| Use of False Document | Art. 400 | Same as the forgery committed |
| False Testimony (Criminal) | Art. 458 | 1 – 3 years + fine |
| False Accusation | Art. 456 | 6 months – 2 years |
| Computer Intrusion (Hacking) | Art. 197.3 | 6 months – 2 years |
Why Choose Us?
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gavelElements of the Crime
- check_circleMaterial object:Credit or debit cards and traveller's cheques, means of payment protected as intensely as currency.
- check_circleConduct:Altering, copying, reproducing or forging the instrument, or possessing or using it knowing it to be forged.
- check_circleSuitability:The forged card must be capable of operating in commerce. An unusable reproduction may fall outside the offence for unsuitability.
gavelPenal Consequences
Imprisonment of 4 to 8 years, equated with the counterfeiting of currency.
Lower penalty than that provided for the forgery, where the cards are intended for trade.
Imprisonment of 2 to 5 years for whoever, to the detriment of another, uses a forged card without having taken part in its forgery.
FAQs
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