Article 393 of the Criminal Code

What Article 393 of the Criminal Code punishes

Article 393 punishes the use of a forged document, among the offences of documentary forgery. It applies to anyone who, knowing it to be false, presents in court a forged document covered by the preceding articles of the chapter (forgery of public, official, commercial or private documents), or uses it to harm someone else. Unlike the preceding articles, which punish whoever physically forges the document, Article 393 punishes anyone who, without having taken part in the forgery, knowingly uses a document they know to be false.

The Supreme Court has clarified that the harm referred to in the provision must be real and effective, although it need not actually materialise: the conduct must pursue concrete harm to a third party, not merely hypothetical harm, and that harm cannot be equated with the State's general interest in false documents not being used. That is why the Plenary held that using a relative's disabled parking card was not an offence (STS 396/2021). The requirement also applies where another person's genuine document is used, which Article 400 bis treats as a false one; but showing another person's identity document to the police as one's own does pursue real harm, which is why the Supreme Court reinstated the conviction in STS 152/2026, overturning the Provincial Court's acquittal, and upheld it in STS 368/2026.

Penalty

The penalty is one degree lower than that set for forgers of the corresponding document, meaning its severity varies depending on the type of forged document used: the penalty differs for a public, official, commercial or private document, since each carries a different penalty under the preceding articles of the chapter.

Common scenarios

This offence commonly arises in submitting contracts, invoices, payslips or certificates forged by a third party to a bank in order to obtain a loan or a mortgage; in using forged identity documents, driving licences or academic qualifications before authorities or companies to obtain a benefit (getting a job, renting a home, passing a check); and in filing false documentation in civil, labour or administrative proceedings to support a financial claim.

Defence strategy

Outside court proceedings, one plank of the defence is this requirement of real harm: if the use of the document sought no concrete harm to a third party, at most a hypothetical one, the conduct falls outside the offence. That argument carries little weight where another person's identity document was shown to the police as one's own, since the Supreme Court finds the harm in that case. It is also essential to establish that the person using the document was unaware of its falsity, since the offence requires direct intent —"knowingly"—, so someone who uses a forged document without knowing it is forged does not commit this crime. Finally, it is worth checking whether the specific document truly falls within one of the categories of documentary forgery under the preceding articles, and whether it was actually used in court proceedings or with the intent to harm a third party that the provision requires.