Forgery of Identity Documents (ID Card and Passport)
Criminal defence in the forgery and use of the ID card, passport, driving licence and foreigner ID as official documents (Art. 392 CC).
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Forgery of Identity Documents: Article 392 CC
Forgery of identity documents is one of the most frequent forms of document forgery. The national ID card, passport, driving licence and foreigner ID have the status of official documents, so their forgery by a private individual is penalised under Article 392 of the Criminal Code. At Alonso Sala, as criminal defence lawyers specialising in document forgery, we take on the defence of those investigated for forging or using these documents.
The protected legal interest is public faith and the security of legal transactions: society's confidence that these documents faithfully identify their holder. Identity forgery is usually instrumental to other ends, which gives rise to significant concurrences of offences.
Identity Documents as Official Documents
Because of their official character, the forgery of these documents by a private individual is punished with imprisonment of 6 months to 3 years and a fine of 6 to 12 months (Art. 392 CC). The following are included:
- National ID card: The official identification document par excellence.
- Passport: An international travel document with reinforced security features.
- Driving licence: An official document authorising the holder to drive.
- Foreigner ID number: The identification document for foreign nationals.
Use of a Forged Identity Document
The Criminal Code punishes not only the person who manufactures the document, but also whoever uses it knowing it to be forged. Under Articles 393 and 396 CC, whoever uses a forged identity document knowing it to be forged, without having taken part in the forgery, faces a lower penalty than that provided for the forger.
The essential requirement is knowledge of the forgery: whoever presents a document genuinely believing it to be authentic commits no offence. In addition, the forgery must be suitable to deceive: a crude imitation, easily detectable, may fall outside the offence for lacking any capacity to induce error in commerce.
Concurrence with Usurpation and Immigration
The forgery of identity documents gives rise to relevant concurrences with other figures:
- Usurpation of civil status (Art. 401 CC): Where, beyond forging the document, the identity of a real person is impersonated by assuming their legal position, the offence of usurpation of civil status may concur.
- Immigration offences: The use of forged identity documents to facilitate irregular entry or stay may concur with immigration offences.
- Fraud (Art. 248 CC): If the false identity is used as deception to obtain a financial benefit, it concurs with fraud.
Defence Strategy
- Unsuitability to deceive: Demonstrate that the document was so crude that it lacked any capacity to induce error.
- Lack of knowledge of the forgery: Establish that the accused was unaware the document was forged when presenting it (Arts. 393 and 396 CC).
- Absence of real impersonation: Distinguish mere forgery from usurpation of civil status, which requires impersonating an existing person.
- Delimitation of concurrence: Challenge the undue accumulation of charges where the forgery is a means to another offence.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Forgery by a private individual (Art. 392 CC) | Imprisonment of 6 months to 3 years and a fine of 6 to 12 months for forging an official identity document. |
| Knowing use (Arts. 393 and 396 CC) | Lower penalty than that for the forger for whoever uses a forged identity document knowing it to be forged. |
| Usurpation of civil status (Art. 401 CC) | Possible concurrence where, in addition to forging, the identity of a real person is impersonated by assuming their legal position. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Exclusion for Unsuitability
Establish through expert evidence that the document lacked the minimum security features to pass as genuine.
Mistake as to Authenticity
Prove that the accused genuinely believed the document was legitimate when presenting it, which excludes intent.
Delimitation from Usurpation
Distinguish forgery of the document from the impersonation of a real person required by Article 401 CC.
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?
Need a criminal defense lawyer for this type of offense? Here's how we work:
gavelElements of the Crime
- check_circleMaterial object:ID card, passport, driving licence and foreigner ID, which have the status of official documents.
- check_circleConduct:Forging the identity document or using it knowing it to be forged without having taken part in the forgery.
- check_circleSuitability to deceive:The forgery must be capable of inducing error. A crude imitation may fall outside the offence for unsuitability.
gavelPenal Consequences
Imprisonment of 6 months to 3 years and a fine of 6 to 12 months for forging an official identity document.
Lower penalty than that for the forger for whoever uses a forged identity document knowing it to be forged.
Possible concurrence where, in addition to forging, the identity of a real person is impersonated by assuming their legal position.
FAQs
Is forging the ID card an offence?expand_more
Are the passport and driving licence also official documents?expand_more
What is the penalty for using a forged ID card I did not manufacture?expand_more
Do I have to know the document is forged?expand_more
What is the difference between forging the ID card and usurping civil status?expand_more
Can it concur with immigration offences?expand_more
Does the quality of the forgery matter?expand_more
What happens if I use a forged ID card to open an account and defraud?expand_more
Do you need specialised legal assistance?
The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.