The crime of documentary fraud is a criminal offense that protects confidence in documents as means of proof in legal transactions. It is committed when a person alters, simulates, modifies or falsifies a document, whether by creating a new one based on false information or by adulterating an original document in its essential elements.
The Spanish Criminal Code regulates this crime in articles 390 to 399 ter, establishing different penalties depending on the type of document falsified and the person who commits the falsification
What is documentary fraud?
The crime of documentary fraud encompasses various behaviors that affect the authenticity or veracity of a document with legal relevance. For this crime to exist, there must be a substantial alteration of documentary reality, with intent to induce error in legal transactions.
The main ways this crime is committed include:
- Alteration of truth in a document, modifying information to make it reflect false facts.
- Manipulation of essential data, including, omitting or modifying relevant information with fraudulent intent.
- Document duplication, that is, creating false copies of legitimate documents with intent to deceive.
This crime does not require that the falsification has produced actual economic damage. It is sufficient that the falsification has the potential to generate error or confusion in legal transactions.
Types of documentary fraud according to the Criminal Code
The Criminal Code distinguishes between different forms of the crime of documentary fraud based on the type of document falsified and the person who commits it.
Crime of falsification of public, official and commercial documents
Regulated in article 390, this type of documentary fraud affects documents issued by authorities, public officials or used in commercial transactions.
Sanctioned conduct:
- Alteration of essential elements in an authentic document.
- Creation of a false document that induces error about its authenticity.
- Attribution of false statements to persons who have not participated in a legal act.
- Ideological falsification, that is, including false information in an official document.
Example: an official alters the dates of a record or document to favor a family member in accessing a subsidy. It is also a crime of falsification of a public document when a businessman modifies articles of incorporation to obtain a subsidy.
Penalties for falsification of public, official and commercial documents:
If committed by a public official:
- Imprisonment of 3 to 6 years.
- Fine of 6 to 24 months.
- Special disqualification from public employment or office for 2 to 6 year
Do you need an attorney expert in documentary fraud?
How long do I have to report a crime of documentary fraud?
The time to file a report for documentary fraud is the same as the statute of limitations for the crime. Therefore, you must always file the report at least one day before the statute of limitations period ends. In this case, it is always advisable to contact a criminal defense attorney who can advise you beforehand.
The statute of limitations for documentary fraud depends on the severity of the crime:
- If committed by a private individual, the limitation period is 5 years.
- If committed by a public official, the limitation period varies:
- 10 years for serious crimes.
- 5 years for less serious crimes.
- If it affects notarial or judicial documents, the limitation period may extend up to 15 years.
What is the difference between documentary fraud and fraud?
Although documentary fraud is usually linked to the crime of fraud (article 248 of the Criminal Code), they are different crimes:
- Documentary fraud focuses on the alteration or simulation of a document with appearance of authenticity.
- Fraud consists of inducing a person to error to obtain an illicit economic benefit.
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.