Forgery of Stamps, Marks and Stamped Effects
Criminal defence in the forgery of official stamps and marks, stamped effects and possession of tools for forging (Arts. 398-400 CC).
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Forgery of Stamps and Effects: Articles 398 to 400 CC
Forgery of stamps, marks and stamped effects is governed by Articles 398 to 400 of the Criminal Code. These provisions protect the public faith attached to the signs by which the public administration certifies the authenticity, the payment of fees or the official origin of a document or product. At Alonso Sala, as criminal defence lawyers specialising in document forgery, we defend both public officials and private individuals investigated for this conduct.
Unlike public document forgery, which concerns the content of the document, here the conduct affects the stamps, marks and effects that confer official authenticity. These figures are closely linked to the rest of the document forgery offences in Title XVIII of the Criminal Code.
Forgery by Official and by Private Individual
The Code distinguishes according to who carries out the conduct:
- Official (Art. 398 CC): The authority or public official who, abusing their office, forges or improperly uses an official stamp or mark faces imprisonment of 6 months to 3 years and special disqualification. Cases of minor significance are excluded.
- Private individual (Art. 399 CC): A private individual who forges or knowingly uses, to the detriment of another, official stamps or marks or stamped effects is punished with a fine, a penalty notably lower than that for the official.
Stamped Effects: Policies and Stamps
Stamped effects are the signs issued by the public administration that certify the payment of a tax, fee or service. They include, among others:
- Policies and effects for the payment of administrative fees.
- Postage stamps and official franking.
- Stamped paper and official paper bearing authenticity marks.
The forgery of these effects, or their use knowing them to be forged, constitutes the offence under Article 399 CC. The conduct requires that the imitation has suitability to pass as genuine in commerce.
Tools and Programs for Forging (Art. 400 CC)
Article 400 CC advances criminal protection to preparatory acts: it punishes the manufacture, receipt, obtaining or possession of tools, materials, instruments, substances, data and computer programs intended for the commission of any of the forgery offences in the title. The penalty is that laid down for the forgery itself.
This means that possessing machinery, templates or software specifically designed to forge stamps, marks or effects may be punished with the same severity as the completed forgery. The defence must examine whether the seized tools were genuinely intended for forging or had a lawful use.
Defence Strategy
- Unsuitability of the imitation: Demonstrate that the forged stamp or effect was crude and incapable of passing as genuine in commerce.
- Lawful purpose of the tools: Under Article 400 CC, establish that the seized instruments were not intended for forging.
- Absence of intent: Prove the lack of knowledge of the forgery on the part of whoever used the stamped effect.
- Minor significance: Invoke the exclusion of marginal conduct that does not affect the public faith.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Forgery by an official (Art. 398 CC) | Imprisonment of 6 months to 3 years and special disqualification, save in cases of minor significance. |
| Forgery or use by a private individual (Art. 399 CC) | Fine, a lower penalty than that for the official, for forging or knowingly using stamps, marks or stamped effects. |
| Tools for forging (Art. 400 CC) | The manufacture or possession of tools, materials or programs for forging is punished with the penalty laid down for the forgery itself. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Exclusion for Unsuitability
Establish that the imitation lacked any capacity to deceive and did not affect the protected public faith.
Lawful Use of the Instruments
In possession of tools under Article 400 CC, prove that the material had legitimate applications unrelated to forging.
Mistake as to the Forgery
Demonstrate that whoever used the stamped effect genuinely believed in its authenticity, which excludes intent.
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:Official stamps and marks and stamped effects (policies, postage stamps, stamped paper) issued by the public administration.
- check_circleConduct:Forging or knowingly using the stamp, mark or effect, or manufacturing and possessing tools intended for forging (Art. 400 CC).
- check_circleSuitability:The imitation must be capable of passing as genuine. A crude forgery may fall outside the offence for unsuitability.
gavelPenal Consequences
Imprisonment of 6 months to 3 years and special disqualification, save in cases of minor significance.
Fine, a lower penalty than that for the official, for forging or knowingly using stamps, marks or stamped effects.
The manufacture or possession of tools, materials or programs for forging is punished with the penalty laid down for the forgery itself.
FAQs
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What penalty does an official who forges an official stamp face?expand_more
And if a private individual forges it?expand_more
Is it an offence to possess machines or programs for forging?expand_more
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What is the difference with ordinary document forgery?expand_more
Does the quality of the imitation matter?expand_more
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