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On Forgery

and Counterfeit

Forgery Lawyers in Spain

On Forgery and Counterfeit

Spanish Criminal Code | We specialize in Forgery Accusations

 

At Palladino Pellón & Associates, our experienced and dedicated attorneys fight for the best possible outcome in your case. With over a combined 20 years of courtroom experience, we do everything we can to protect you and your future. We work hard and care deeply about achieving results for our clients.

We are well-regarded as one of the best criminal law firms in Spain, and we specialize in forgery and counterfeit offences. Our experienced team of criminal lawyers can represent you in any Spanish court for your forgery case. We can provide criminal law advice, assist you with a criminal appeal or provide representation and specialist advice for a criminal trial.

When you need assistance from an experienced attorney, contact Palladino Pellón Law Firm by calling +34 678 29 88 44 or by email to info@palladinopellon.es and get help 24/7

We are present in key locations in Spain | We have law offices in Madrid, Barcelona and Valencia | We provide our services all over Spain, the Canary Islands and the Balearic Islands.
 

...The private individual who were to commit any forgery described in the first Sub-Section of Section 1 of Article 390 shall be punished with imprisonment of six months to three years and a fine from six to twelve months... We are Forgery Lawyers in Spain



 

Forgery Lawyers in Spain | Corporate video of our Criminal Defense Lawyers in Spain

 

Spanish Criminal Law on Forgery

Organic Act 10/1995, dated 23rd November, on the Criminal Code | Article 386 to 399 bis | Experienced Forgery Lawyers in Spain

 

On forgery of currency and tax stamps

Article 386 to 389 | Entrust your case to a team of Forgery Lawyers in Spain


 

Article 386

 

1. A prison sentence of eight to twelve years and a fine of one to ten times the apparent monetary value shall be handed down to:

1. Whoever alters the legal tender or forges money;

2. Whoever brings forged or altered money into the country or exports it;

3. Whoever transports, issues or distributes false or altered money with knowledge of its falsity.

2. If the forged money is put into circulation, the penalty shall be imposed in its upper half.

Possession, receipt or acquirement of forged currency for its issue, distribution or to put it into circulation shall be punished with the penalty lower by one or two degrees, in view of its value and the degree of collusion with the forger, counterfeiter, introducer or exporter.

3. Whoever, having received forged money in good faith, spends or passes it on after having realised it is forged shall be punished with a prison sentence of three to six months or a fine of six to twenty-four months. However, if the apparent value of the money does not exceed four hundred euros, a fine of one to three months shall be imposed.

4. Should the offender belong to a company, organisation or association, even if transitory in nature, dedicated to perpetrating such activities, the Judge or Court of Law may hand down any or several of the consequences foreseen in Article 129 of this Code.

5. If, pursuant to the stipulations of Article 31 bis, a legal entity is responsible for the preceding criminal offences, a fine from three to ten times the apparent value of the money shall be imposed.

 

Article 387

 

For the purposes of the preceding Article, money is construed to be the coinage and paper money of legal tender and that which is likely to be introduced as legal tender. The national currency of other countries of the European Union and of foreign currencies shall be equally considered.

Forged currency shall also be construed as that which, despite being made on legal premises and with legal materials, is done so by knowingly breaching the terms of issue imposed by the competent authority or when issued without the corresponding order.

 

Article 388

 

Judgement by a foreign court, handed down for a criminal offence of the same kind as those included in this Chapter, shall be equivalent to sentences by Spanish Judges or Courts of Law for the purposes of recidivism, except if the criminal record has been cancelled, or might have been pursuant to Spanish Law.

 

Article 389

 

Whoever forges or issues postal stamps or tax stamps in collusion with a forger, or imports them to Spain while aware of they are false, shall be punished with a sentence of imprisonment of six months to three years.

The acquirer in good faith of postal stamps or tax stamps who, aware that they are false, distributes or uses them shall be punished with a prison sentence of three to six months or a fine of six to twenty-four months. However, If the apparent amount of the stamps or tax stamps does not exceed 400 euros, a fine of one to three months shall be imposed.

 

On documentary forgery

Article 390 to 399 bis | The Best Forgery Lawyers in Spain


 

On forgery of public, official and business documents and of the dispatches transmitted by telecommunications services

 

Article 390

 

1. Punishment by imprisonment from three to six years, a fine from six to twenty- four months and special barring for a term from two to six years, shall be handed down to an authority or public officer who, while carrying out the duties of office, commits forgery:

1. By altering any of the essential elements or requisites of a document;

2. Simulating all or part of a document, so as to lead to error concerning its authenticity;

3. Claiming intervention in an act by persons who were not party to it, or attributing those who intervened declarations or statements other than those they made;

4. Untruthful narration of the facts.

2. The same penalties as stated in the preceding Section shall apply to whoever is a responsible person in any religious confession and commits any of the conducts described in the preceding Section, regarding acts and documents that may have an effect on the status of persons or the civil order.

 

Article 391

 

An authority or public officer who, due to gross negligence, were to incur any of the forgeries described in the preceding Article or who causes another to commit them, shall be punished with the penalty of a fine from six to twelve months and suspension from public employment and office for a term of six months to one year.
 

Forgery Lawyers in Spain

We specialize in criminal offences related to forgery and counterfeit | Forgery Lawyers in Spain

 

Article 392

 

1. The private individual who were to commit any forgery described in the first Sub-Section of Section 1 of Article 390 shall be punished with imprisonment of six months to three years and a fine from six to twelve months.

2. The same penalties shall be imposed upon whoever, without having intervened in the forgery, were to trade in any way with a false identity document. A sentence of imprisonment shall be handed down of six months to one year and a fine of three to six months, to whoever knowingly uses a forged identity document.

This provision is applicable even if the forged identity document appears to belong to another State of the European Union or a third country, or that has been forged or acquired in another State of the European Union or in a third country, if it is used or traded in Spain.

 

Article 393

 

Whoever uses a forged document of the types described in the preceding Articles in a trial, or to harm another, knowing it is forged, shall be punished with the degree of punishment below that provided for forgers.

 

Article 394

 

1. An authority or public officer entrusted with the telecommunications service who supposes or forges a telegraphic dispatch, or another inherent to such services, shall incur a sentence of imprisonment of six months to three years and special barring for a term from two to six years.

2. Whoever, knowing it is forged, makes use of a false dispatch to damage another, shall be punished with the lower degree punishment to that set for forgers.

 

On forgery of private documents

 

Article 395

 

Whoever, to damage another, were to commit any of the forgeries foreseen in the first three Sub Paragraphs of Section of Article 390, shall be punished with a sentence of imprisonment of six months to two years.

 

Article 396

 

Whoever, knowing that it is false, were to produce or make use of a false document of those described in the preceding Article in a trial, or to damage another, shall incur the lower degree punishment to that set for the forgers.

 

On forgery of certificates

 

Article 397

 

A medical practitioner who issues a forged certificate shall be punished with the penalty of a fine from three to twelve months.

 

Article 398

 

An authority or public officer who issues a false certification of scarce importance in legal matters shall be punished with the penalty of suspension of six months to two years.

This provision shall not be applicable to certificates referring to Social security or to the Exchequer.

 

Article 399

 

1. Whoever forges a certificate of those described in the preceding Articles shall be punished with the penalty of a fine from three to six months.

2. That same punishment shall be imposed on whoever knowingly uses the certification, as well as whoever, without having intervened in its forgery, trades with it in any way.

3. This provision is applicable even if the forged certificate appears to belong to another State of the European Union or a third country, or that has been forged or acquired in another State of the European Union or in a third country, if it is used in Spain.

 

On forgery of credit and debit cards and travellers’ cheques

 

Article 399 bis

 

1. Whoever alters, copies, reproduces or in any other way forges credit or debit cards or travellers’ cheques, shall be punished with a sentence of imprisonment from four to eight years. The punishment shall be imposed in the upper half if the forged items affect persons at large, or if the deeds are committed within the framework of a criminal organisation dedicated to such activities.

If, pursuant to the terms established in Article 31 bis, a legal person is responsible for the above criminal offences, the punishment of a fine from two to five years shall be imposed.

Pursuant to the rules established in Article 66 bis, the Judges and Courts of Law may also impose the penalties established in Sub-Paragraphs b) to g) of Section 7 of Article 33.

2. Possessing forged credit or debit cards or travellers’ cheques intended fo distribution or trade shall be punished with the penalty set for forgery.

3. Whoever, without having intervened in the forgery, were to use forged credit or debit cards or travellers’ cheques, to the detriment of another and being aware they are forged, shall be punished with a sentence of imprisonment from two to five years.
 


Law Offices of Palladino Pellón & Associates – Criminal Defense Lawyers | Forgery Lawyers in Spain