...
abogado penalista en Madrid

EXPERT DOCUMENT FALSIFICATION ATTORNEY IN MADRID

Specialized criminal defense in document falsification, forgery of public, private and commercial documents. Criminal defense attorney in Madrid with experience in document falsification proceedings.

CONTACT NOW
Falsear cuentas anuales de una sociedad mercantil investigado como delito societario analizado por abogado penalista experto en delitos societarios

Criminal defense in document falsification crimes: what it is and how it affects you

The crime of document falsification is regulated in articles 390 to 399 bis of the Criminal Code. It consists of the alteration, simulation or manipulation of a document with the purpose of introducing it into legal circulation, causing harm to third parties or the public interest.

What does this crime protect?

The protected legal interest is public trust: the collective confidence that documents faithfully reflect reality. When a document is altered, that trust is broken and legal transactions are harmed.

Material falsification vs. ideological falsification

The material falsification consists of the physical alteration of the document (erasing, adding, modifying). The ideological falsification occurs when the document is authentic in its form, but its content does not correspond to reality. This distinction is key to the defense strategy, since ideological falsification committed by a private individual is not always punishable.

EVALUATE MY FALSIFICATION CASE

When do you need a document falsification attorney?

You need a criminal defense attorney specialized in document falsification as soon as any of these situations occur:

  • You have been reported for falsifying a contract, deed, or public document
  • You are accused of presenting a false document before a court or administration
  • You have received a summons as a person under investigation for a falsification crime
  • You are charged with falsifying certificates, academic degrees, or credit cards
  • An investigation has been opened for falsification in commercial or corporate documents

Document falsification often appears linked to other crimes —fraud, embezzlement, tax crimes—, which significantly complicates the procedure.

CONTACT A CRIMINAL DEFENSE ATTORNEY

Penalties for document falsification according to document type

Penalties vary significantly depending on the type of document and who commits the falsification:

  1. Public, official or commercial document (public official): Art. 390 CP: 3 to 6 years imprisonment and fine of 6 to 24 months. This is the most serious form.
  1. Public, official or commercial document (private individual): Art. 392 CP: 6 months to 3 years imprisonment and fine of 6 to 12 months.
  1. Private document: Art. 395 CP: 6 months to 2 years imprisonment. It requires that harm has been caused to a third party or it has been introduced into legal circulation.
  1. Certificates: Art. 397-399 CP: fine of 3 to 12 months (professional) or imprisonment of 6 months to 1 year (private individual).
  1. Credit cards, debit cards and traveler’s checks: Art. 399 bis CP: 4 to 8 years imprisonment. This is the most severely punished form.
abogado falsedad documental juzgados Madrid

%

COMPROMETIDOS CON TU DEFENSA

ASISTENCIA AL DETENIDO

Types of document falsification cases we handle

As criminal defense attorneys specialized in document falsification, we handle proceedings of various nature:

Public documents

Notarial deeds, minutes, judicial resolutions. Art. 390-392 CP.

Commercial documents

Invoices, contracts, bills of exchange, annual accounts. Art. 392 CP.

Private documents

Private contracts, receipts, agreements. Art. 395 CP.

Certificates and titles

Academic degrees, medical certificates, employment certificates. Art. 397-399 CP.

Cards and checks

Counterfeit credit/debit cards, travelers’ checks. Art. 399 bis CP.

Use of false document

Knowingly presenting a false document. Art. 393 and 396 CP.
EVALUATE MY FALSIFICATION CASE

Defense strategies in document forgery

CHALLENGING THE DOCUMENTARY EXAMINATION EXPERT REPORT
Documentary examination expert analysis is the central evidence in most document forgery proceedings. Our defense includes requesting a counter-expert report that challenges the methodology, conclusions or chain of custody of the analyzed document.

Documentary examination analyzes inks, handwriting, digital alterations and modifications to the medium. If the expert examination presents deficiencies, the evidence loses strength and the prosecution is significantly weakened.

ABSENCE OF INTENT OR PURPOSE
The crime of document falsification requires intent: knowledge and willingness to alter the document. If the accused was unaware of the document’s falsity or had no intention of introducing it into legal transactions, the subjective element of the offense is not present and the conduct is not punishable.
STATUTE OF LIMITATIONS
The statute of limitations varies according to the penalty for the specific crime. For falsification of public documents by private individuals (maximum penalty of 3 years), the limitation period is 5 years (art. 131 CP). It is essential to correctly calculate the dies a quo and verify whether the period has elapsed before filing the complaint.
IDEOLOGICAL FALSIFICATION BY PRIVATE INDIVIDUAL
The jurisprudence of the Supreme Court has established that ideological falsification committed by a private individual (false statement of facts, art. 390.1.4ª CP) is not punishable when it involves private documents. This line of defense allows for the exclusion of criminal liability in numerous cases.
QUESTIONING THE DOCUMENT STATUS
Not every writing constitutes a document for criminal purposes. Article 26 CP defines a document as any material medium that incorporates data with probative efficacy or any type of legal relevance. If the medium does not meet these characteristics, the conduct does not fit the criminal offense.
CONJUNCTION WITH OTHER CRIMES
Document falsification frequently appears in conjunction with other crimes: fraud, embezzlement, tax crimes. The defense must analyze whether a medial conjunction (art. 77 CP) applies that limits the total penalty, or whether the falsification is absorbed by the principal crime.

What to do if you are accused of document forgery?

If you have been reported or are being investigated for a document forgery crime, follow these guidelines:

  • Do not testify without an attorney. You have the right to legal assistance. Do not attempt to explain anything without prior legal advice.
  • Preserve all documentation. Originals, copies, emails and any medium that can verify the authenticity or origin of the document.
  • Do not destroy anything. Destruction of evidence may constitute an additional crime of obstruction of justice.
  • Check the statute of limitations. Depending on the date of the events, the crime may be time-barred.

Is it a crime to use a false document even if I didn't forge it?

Yes. The use of a false document with knowledge of its falsity is punishable under articles 393 and 396 of the Criminal Code. The key is proving knowledge of the falsity: if the accused was unaware that the document was false, the criminal offense does not apply.

When does the statute of limitations expire for document falsification crimes?

It depends on the maximum penalty for the specific offense. Falsification of public documents by individuals (up to 3 years imprisonment): statute of limitations is 5 years. Falsification of private documents (up to 2 years): statute of limitations is 5 years. Credit card forgery (up to 8 years): statute of limitations is 10 years.

What is the difference between material and ideological falsification?

Material falsification physically alters the document (erases, adds, modifies). Ideological falsification leaves the document intact but its content does not reflect reality. The distinction is crucial because ideological falsification by individuals is not always punishable.

What evidence does the prosecution use to charge document falsification?

The main evidence is document examination by forensic experts: analysis of inks, handwriting, digital alterations, document substrate. Witness testimony, comparative documentary evidence and computer analysis are also used when the document is digital.

Can a document falsification complaint be dismissed?

Yes. If there is insufficient evidence of falsification, if the document has no legal relevance, if damages are not proven, or if the crime has expired under the statute of limitations, the judge may order dismissal and closure of the proceedings.

Why choose a document forgery specialist attorney

Document forgery proceedings require specific technical knowledge that goes beyond general Criminal Law. Effective defense requires mastering legislation on public, commercial and private documents, knowing the Supreme Court jurisprudential criteria on ideological and material forgery, and being able to competently challenge documentary examination expert reports.

At our criminal defense law firm in Madrid, document forgery is one of our regular areas of practice. We analyze each case individually, identifying the strongest defense strategy according to the specific circumstances.

If you are facing a document forgery complaint, contact our criminal defense law firm in Madrid. We will evaluate your situation and design a customized defense strategy.

Request a consultation with a document forgery expert

We will study your case and tell you exactly what you are facing.

CONTACT NOW

OUR BLOG

Legal articles on document forgery and crimes against public faith