When does document forgery constitute a crime of falsification in commercial documents? The answer is not always evident. The Supreme Court has clarified the limits of this criminal offense and redefines the scope of the principle of absorption.»
The delimitation of the concept of commercial document has been a constant source of debate in Spanish criminal jurisprudence. For years, courts have oscillated between extensive and restrictive interpretations of this term, with important practical consequences in the legal classification of document forgeries.
What is understood by falsification in commercial documents?
An aggravated offense that requires more than a simple commercial contract
Falsification in commercial documents is an aggravated form of document forgeries (art. 392 CP in relation to 390), reserved for those documents that, by their content, nature and function, generate widespread confidence in commercial legal transactions.
That is, it is not enough for the document to have been prepared in the business sphere or to be issued by merchants or entrepreneurs. It requires:
- That the document is provided for or covered by commercial regulations.
- That it has projection toward third parties, beyond the relationship between the parties.
- That its potential falsification would suppose <[/et_pb_text]
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Real example: simulated contract used to commit fraud
Is a false contract always a crime of document forgery? It depends.
Recently our Supreme Court has resolved a case that illustrates how fraud through simulated contract is analyzed criminally.
What were the proven facts of the case?
The defendants created an instrumental company with an appearance of legality. They used that company to sign a false contract with a marketing company, pretending to represent a well-known German multinational.
In the contract:
- It falsely indicated that invoices should be directed to said company.
- They included identifying data of the multinational without its knowledge.
- They simulated a non-existent commercial relationship.
The marketing company provided the advertising service believing it would be paid by a large corporation, but never received payment.
What does the judgment say?
The Supreme Court establishes that the falsified contract cannot be considered a commercial document because:
- Its content does not transcend the bilateral relationship between the parties.
- It does not possess objective suitability to affect the general confidence of commercial legal transactions.
- It is a private document, susceptible to criminal protection under art. 395 CP.
Do you need a lawyer expert in document forgery?
When does a false contract constitute a crime of document forgery?
This judgment is a valuable tool for criminal defense strategy. Some key points:
- Not every contract or document used in a commercial context is commercial for criminal purposes. Its relevance depends on the capacity to harm the collective security of transactions.
- The distinction between commercial and private documents has direct effects on the applicable penalty. Falsifications in private documents, in principle, are only punishable if there is intent to harm (art. 395 CP).
- When falsification is integrated into patrimonial fraud, absorption may apply and the independent punishability of the falsification may disappear.
Are you accused of document forgery, fraud or economic crime?
Being investigated or accused of a crime of document forgery, fraud or any other economic crime can have serious criminal, patrimonial and reputational consequences. Prison sentences, fines, disqualification from business activities or even civil liability can ruin your present and future if you don’t have specialized defense from the first moment.
How can a lawyer specializing in falsifications help you?
A defense attorney expert in falsification
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.