Article 395 Spanish Criminal Code: Forgery of a private document

Frequently asked questions

What penalty does Article 395 of the Spanish Criminal Code provide for forgery of a private document?

Imprisonment of six months to two years. The forgery of a private document consisting solely in departing from the truth in the narration of the facts is not punishable, since number 4 of Article 390.1 is excluded.

What are the elements of the offence under Article 395 of the Spanish Criminal Code?

A private document, that is, one which is not a public, official or commercial document. One of the three forms of forgery of Article 390.1, namely the alteration of an essential element, the simulation of the document or the supposition of the intervention of persons. A subjective element, namely the purpose of causing harm to another. The exclusion of number 4 of Article 390.1, so that a mere untruth in the narration of the facts in a private document is not punishable.

What defence strategy applies to a charge under Article 395 of the Spanish Criminal Code?

Exclusion of the ideological untruth. The provision expressly omits number 4 of Article 390.1. A private document whose content is untrue, without any alteration or simulation of the document itself, does not constitute this offence, which is the most productive line of defence. Purpose of causing harm. The offence requires the purpose of causing harm to another. A document prepared for internal use, for one own records or without any intention of producing effects against a third party lacks that element. Whether the document is private. The classification of the document determines the applicable provision. Commercial documents are treated as official for these purposes under Article 392, so identifying the exact nature of the document is the first analysis to be made. Absorption by the fraud.

Is the English text of Article 395 of the Spanish Criminal Code official?

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.