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Article 393 of the Spanish Criminal Code: use of a forged official or commercial document
Quick answerArticle 393 punishes, with a sentence one degree below that of the forgers, a person who, knowing a document to be forged, produces it in court or uses it to harm another. The provision covers the public, official and commercial documents of articles 390 to 392.
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.
Wording of the provision
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.
Sentencing range. A penalty one degree below that laid down for forgers in articles 390 to 392, placing the range between six months and one year and nine months of imprisonment and a fine, depending on the reference provision and the status of the offender.
Key facts
| 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 |
Elements and scope
- Prior existence of a forged document of those covered by articles 390 to 392, that is, public, official or commercial, excluding private documents, whose use is governed by article 396.
- Actual knowledge of the forgery at the time of use, required by the statutory formula and excluding negligent commission and the weakest forms of recklessness.
- Production in court, a form that requires no intention to harm, the legislature presuming harm to the administration of justice.
- In the out-of-court form, use of the document with the specific purpose of harming another, a subjective element of the wrong that must be established.
- Absence of participation by the user in the forgery, a negative premise derived from the relationship of absorption with articles 390 to 392.
Points of application
The forger is not liable for the use. It is settled doctrine of the Second Chamber that a person who produces the document and subsequently uses it commits a single offence of forgery, the use being absorbed. Separate convictions under both provisions infringe the rule against double punishment.
Proof of knowledge of the forgery. The element of knowledge is ordinarily established by circumstantial evidence: the person’s relationship with the document, the crudeness of the forgery, the benefit obtained and the explanations offered. Reasonable doubt as to that knowledge leads to acquittal.
Production in court and procedural fraud. Where the forged document is produced in proceedings to obtain a financially harmful decision, concurrence with procedural fraud under article 250.1.7 must be examined, normally resolved as instrumental concurrence under article 77.
Foreign documents. Documents issued by foreign authorities are treated as official documents where they have effect in Spain, under the case-law reading of article 26, which extends to driving licences and identity documents.
Distinction from article 400 bis. Use of another person’s genuine identity document falls under article 400 bis, which assimilates such use to forgery, and not under article 393, which presupposes material or intellectual falsity of the document.
Defence strategy
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.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
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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.
Frequently asked questions
Is it an offence to use a forged document one did not forge?
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.
What if the user is the forger?
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.
What penalty applies?
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.
Must actual harm be caused?
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.
Does it apply to private documents?
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.
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