The crime of false documentation is one of the most serious crimes in the field of criminal law, as it directly affects the veracity and authenticity of documents, fundamental pillars of trust in legal and commercial transactions. At Soler Martín Abogados, we are specialists in the defense of persons accused of this type of crime. Our team of lawyers has extensive experience in cases of document forgery, providing professional and strategic advice to our clients to protect their rights and minimize the legal consequences.
What is false documentation?
Documentary forgery is the act of altering, modifying, creating or falsifying a document, with the purpose of making believe that such document is authentic, when in fact it is not. The Spanish Penal Code, in its articles 390 to 394, typifies this crime and distinguishes between several types of documents that may be affected by forgery, such as:
- Public documents: Those issued by public authorities or officials in the exercise of their functions.
- Private documents: Issued by private parties and not of an official nature, but which generate rights and obligations between the parties.
- Commercial documents: Documents used in commercial or business transactions, such as contracts, invoices, checks, etc.
This offense is committed when a person, with intent to deceive, forges or alters a document, either by creating a false document or by modifying a true one.
Types of false documentation
The Penal Code establishes several types of false documentation, depending on the type of document and who commits the crime:
- Forgery of public or official documents: This crime takes place when a person alters or forges a document issued by a public authority, such as a court judgment, an official certificate or an administrative document. This is one of the most serious offenses in the area of forgery, as it affects public confidence in documents issued by the State.
- Forgery of private documents: Forgery of private documents occurs when a person alters a document issued between private parties, such as contracts or agreements between companies. Although it does not have the same gravity as forgery of public documents, it is still a crime punishable by law.
- Forgery of commercial documents: This type of forgery affects documents used in the business or commercial field, such as invoices, promissory notes or checks. This crime has a special relevance in the economic criminal law, since it can generate a serious damage in the commercial traffic.
Legal consequences of false documentation
Penalties for forgery vary depending on the type of document forged and the circumstances of the offense. The main penalties may include:
- Imprisonment: Prison sentences for those who commit document forgery can range from 6 months to 6 years, depending on the seriousness of the crime and the type of document forged. The most severe penalties apply in cases of forgery of public documents.
- Financial penalties: In addition to imprisonment, penalties may include financial penalties proportional to the damage caused or benefits obtained by the counterfeiting.
- Disqualification: In some cases, the convicted person may be disqualified from holding public office or from exercising professions involving the management of documents or the handling of funds.
Common examples of false documentation
Document forgery can occur in a variety of contexts. Some of the most common examples include:
- Falsification of identity documents: Alteration of documents such as ID cards, passports or driver's licenses, in order to impersonate a person's identity or evade legal controls.
- Falsification of contracts: Creating or modifying contracts for the purpose of obtaining illicit benefits or altering the obligations of the parties involved.
- Falsification of invoices or checks: Modification of invoices to inflate expenses or charge for services not rendered, or alteration of checks to collect more money than agreed.
Defense strategies in false document cases
At Soler Martín Abogados, we design personalized defense strategies for each case of false documents, based on the evidence presented and the circumstances of the crime. Some of the most common strategies include:
- Challenging the authenticity of evidence: In many cases, it is possible to challenge evidence presented by the prosecution, arguing that the defendant's rights have not been respected or that the evidence has been obtained illegally.
- Proving lack of intent: In some cases, the defense may argue that the defendant did not intend to forge the document or cause harm, which could reduce the seriousness of the offense or even lead to acquittal.
- Claiming clerical errors: Sometimes the falsification may be due to a clerical error or inadvertent negligence, rather than a deliberate attempt to deceive. In these cases, it is possible to use this circumstance as a mitigating circumstance.
Why choose Soler Martín Abogados?
At Soler Martín Abogados, we have extensive experience in the defense of false document cases. We know that these types of accusations can have serious legal and personal consequences, so we work closely with our clients to ensure that they receive the best possible defense.
Our team of criminal defense lawyers offers a personalized and strategic approach, analyzing in detail the evidence presented and the circumstances of the crime. We are committed to protecting our clients' rights at all stages of the process, always seeking the best possible solution, whether through negotiation with the prosecution or through a strong defense at trial.
Conclusion
The crime of misrepresentation is one of the most serious crimes under criminal law, and can carry significant penalties, including prison sentences and fines. If you are facing an accusation of this type, it is essential to have a qualified legal defense to help you protect your rights. At Soler Martín Abogados, we are prepared to provide you with the advice and representation you need. Contact us today for a consultation.
