He documentary falsification crime occurs when a subject alters or falsifies a document, either in parts or in its entirety. In these cases, the document can be falsified by altering one of its components or creating a new one.
He documentary falsification crime It is regulated in articles 390 to 399 of the Penal Code. The explanation is made in Chapter II, on counterfeiting, understood as a legal good.
Legal ownership focuses on public trust in the institutions where documents are used truthfully. He documentary falsification crime It is punishable by imprisonment and high fines.
Elements for the understanding of the crime documentary falsification
He Penal Code establishes distinctions based on the active subject, it must be understood that the context affects directly. It is important to have the services of a lawyer and hire an expert in calligraphy and documentalist.
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The entire explanation of the documentary falsification crime it is consulted in the articles of the penal code.
Article 26 of the Penal Code states that the document is a material support that includes data that is relevant.
For the criminal purposes a distinction must be made between public, official, commercial and private documents. Documents are any material support that expresses or assimilates data or facts with legal relevance.
As stated in article 26, one speaks of a legal asset, a legal good protected by penalty. It is the confidence in the authenticity of the document and in the veracity of its probative content.
From this conception of legal ownership protected, consequences arise to define the crime of documentary falsification.
The conduct must be intended to enter the traffic where falsehood is applied without an objective capacity.
He documentary falsification crime it must affect the essential aspects of the document in question, which affect the guarantee functions. If these elements are not met, there is a harmless lie that has been decriminalized in different sentences.
Falsification of documents before the exposed in the penal code
exist four types of counterfeiting of documents depending on the type of forgery. Where they are punished with different penalties depending on the severity and the offender.
Falsification of documents and public offices
This type of documentary falsification crime It can only be committed by officials and public authorities. It is punishable by imprisonment, a fine and special disqualification.
The consideration depends on certain aspects stipulated in Spanish law. Change a document in any of its elements or essential requirements.
Simulate a complete document or part of it, misleading about its authenticity. When false statements are attributed to those who intervened.
This includes misrepresenting the facts related to the documentary falsification crime before different instances. The authority that in the exercise commits falsehood, will be sanctioned.
The penalty applied is deprivation of liberty from three to six years, and a fine from six to twenty-four months. The special disqualification of two to six years intervenes.
It talks about the modification of a document in any of its essential elements. Simulate a whole document or some parts, to make false its authenticity.
An example is attributing statements in the document that are different from those that were made. The consequences that it entails is to stop being truthful with the facts that are presented in the document.
Subjects who carry out the crime documentary falsification
In article 390.1 in the penal code, a person can be guilty of the documentary falsification crime in public records. Both falsification and trafficking and use of the document knowing that it is false are sanctioned.
The natural person Whoever commits any of the falsehoods of article 390 in a public act will be sanctioned. The prison sentence is from six months to three years and with a similar fine.
In article 392.1 of the penal code, in the falsification of private documents, the active subject will always be a particular.
Where the objective is to harm another through a private act, in accordance with article 390. It will be sanctioned with custodial sentence determined between six months to two years.
Article 395 raises the crime of falsification of certificates which can be committed by individuals or public officials. In the case of authorities or public officials, the pecuniary sanction and a suspensive sanction are applied.
The forger and the one who uses the document knowing that it is false are punished equally. This conception will not be applied in the matter of certificates related to the social security and public finances.
If a doctor issues a false certificate, he will be penalized with a fine of between three and twelve months. To a large extent the periods of sanctions are maintained under a basic offense.
The crime of documentary falsification in the banking sector in Spain
The forged credit checks, debit and traveler in article 399 bis of the Penal Code. Anyone who alters, forges and uses credit, debit or traveler's checks knowing that they are false is punished.
The sanction will be applied in its upper half when the counterfeit reaches a group of people. It will be carried out with greater rigor when it is committed by a criminal organization engaged in this type of activity.
With the terms of article 31 bis, if it is from a legal person, a fine of two to five years will be applied. In article 66 bis, judges and courts may apply the sanctions provided for in articles 7 of article 33.
Possession of false credit or debit cards intended for trafficking is sanctioned with the penalty indicated by falsification. Whoever uses these elements with knowledge of falsehood will be sanctioned with a custodial sentence of two to five years.
Forgery of a document and the concealment of your signature or handwriting can be detected by a specialist. In calligraphy, however perfect the manipulations may seem, it is possible to detect them.
Document forgery always leaves a mark, and the handwriting specialist is a professional. Its objective is focused on detecting the small details of the composition of writing and its supports as a document.