Document forgery is one of the most significant offences in the legal and social spheres, particularly nowadays, when documentation plays a key role in everyday life and commercial relations. Whether in contracts, certificates or official documents, the risks and consequences of altering, falsifying or creating false documents are of considerable significance for both individuals and businesses.

What is a document?

To understand document forgery, we must first define what is meant by ‘document’.

According to Article 26 of the Criminal Code, a document is any physical medium containing data or information with probative value or legal relevance. This ranges from a written contract and an invoice to digital certificates and electronic documents.

For example, a signed tenancy agreement, an invoice for private tuition or a property deed are all considered documents for legal purposes.

Legal regulation of document forgery

Document forgery is set out in Articles 390 to 399 of the Spanish Criminal Code. It is classified as a serious offence, with penalties ranging from 6 months to 6 years’ imprisonment, as well as substantial fines. To be more specific:

- Falsification of a public document: imprisonment for 3 to 6 years and disqualification from holding office for 6 to 24 months.

- Forgery of a public document (such as an MOT certificate) by a private individual: imprisonment for 6 months to 3 years and a fine equivalent to 6 to 12 months’ earnings.

- Forgery of a private document: imprisonment for 6 months to 2 years.

Penalties may be increased if the offence is committed as part of an organised group or in conjunction with other offences such as fraud or money laundering.

Link to other offences

Document forgery is often linked to other offences, such as money laundering, fraud or organised crime.

For example, in financial fraud schemes, the creation of false documents is the first step towards concealing the illicit origin of the money or defrauding third parties.

It should be noted that the forgery of bank cards or cash involves additional offences that increase the seriousness of the crime and the associated penalties.

What does document forgery involve?

Document forgery is the offence of altering, changing or fabricating a document, either in whole or in part, with the aim of obtaining a benefit for oneself or for third parties.

It is important to note that this offence cannot be committed through negligence; there must be a clear intention to manipulate the document for unlawful purposes. The act may range from modifying the information contained therein to creating entirely false documents.

For example, altering the date on a contract, forging a signature on a diploma, or creating a false invoice to justify a non-existent expense.

Types of documents affected by document forgery

- Public: Documents issued by authorities or public officials, such as notarial deeds, official records or residence permits.

- Commercial: Documents relating to commercial activities, such as invoices, delivery notes or purchase receipts.

- Private: Contracts between private individuals, such as sale and purchase agreements, tenancy agreements or personal loans.

- Certificates: Academic diplomas, bank certificates, driving licences, amongst others.

How document forgery is detected

Detecting document forgery requires a specialised technical analysis, known as a handwriting or document forensic report. This report may be requested privately or through the courts, in which case the police or the relevant forensic department carries out the examination.

The handwriting expert examines aspects such as the authenticity of the signature, the type of paper, inks and other physical elements of the document.

For example, in cases of forged university diplomas, experts compare the characteristics of the signature and official stamps with the originals to determine whether tampering has taken place.

Frequently Asked Questions:

1. A person alters the date on a tenancy agreement. Is this document forgery? Yes, because they are altering a relevant detail of the document.

2. An employee submits a false sick note. Is this document forgery?

Yes, because they are using a document that appears to be genuine.

3. Can a digital document be forged? Yes. Electronic documents can also be subject to document forgery.

4. Is it a criminal offence to falsify an invoice? Yes, particularly if it is used to justify expenses, obtain tax relief or commit fraud.

5. What happens if a false document is presented in court? It may give rise to criminal liability, as well as undermining the effectiveness of legal proceedings.


If you have been implicated in a case of document forgery, please do not hesitate to contact us.