The provision punishes the user of a forged document who did not take part in the forgery, a figure known in doctrine as use of a forged document by a third party. Its function is to close the circle of protection of documentary public faith by reaching the person who profits from another’s forgery. The Second Chamber of the Supreme Court has repeatedly held that the forger who subsequently uses the document is not liable under this provision, since the use is absorbed into the forgery, so that article 393 applies only to a person who did not participate in producing the document.
Also cited as: article 393 Spanish Criminal Code · art. 393 CP · Spanish Penal Code article 393 · artículo 393 del Código Penal.
Any person who, knowing it to be forged, produces in court or, in order to harm another, makes use of a forged document of those covered by the preceding articles, shall be punished with the penalty one degree below that laid down for the forgers.
Consolidated text published by the Spanish Official State Gazette, Organic Act 10/1995 of 23 November, the Criminal Code. Unofficial English rendering; the Spanish text is the authentic one.
| Location | Book II, title XVIII, chapter II, section one of the Criminal Code |
|---|---|
| Protected interest | Documentary public faith and the security of legal transactions |
| Perpetrator | A person who did not take part in forging the document |
| Subject matter | A forged public, official or commercial document under articles 390 to 392 |
| Forms of use | Production in court or use in order to harm another |
| Mental element | Knowledge of the forgery, expressed by the formula “knowing it to be forged” |
| Wording | Original text of Organic Act 10/1995, unamended since |
Attack knowledge of the forgery. This is the principal line. The origin of the document, the trust placed in the person who supplied it and the absence of external signs of forgery perceptible to a layperson should be established.
Plead absorption where forgery is also charged. If the prosecution alleges that the client produced the document, a cumulative conviction for use is not available. Absorption and the rule against double punishment should be invoked.
Dispute the nature of the document. Classification as an official or commercial document rather than a private one materially alters the sentencing range and may bring the facts within article 396.
Deny the purpose of harming. In the out-of-court form, the absence of any purpose to cause harm means the conduct is not punishable, even if the use brought the person some advantage.
Examine the handwriting and document expert evidence. Challenging the expert report on the document’s authenticity, its chain of custody and the methodology used is frequently decisive.
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
Yes. Article 393 punishes precisely the person who, knowing the document to be forged, produces it in court or uses it to harm another, with a penalty one degree below that of the forgers.
He is liable only for the forgery under articles 390 to 392. Subsequent use is absorbed, so no separate conviction under article 393 is available.
One degree below that laid down for the forgers, which varies according to whether article 390, 391 or 392 applies and whether the forger is a public authority or official.
No. In the out-of-court form the purpose of harming suffices; in the form of production in court, not even that specific purpose is required.
No. Article 393 refers to the preceding articles, which concern public, official and commercial documents. Use of a forged private document is governed by article 396.