The offence of criminal misrepresentation
As the etymological origin of the term indicates, falsehood is equivalent to LIE or "mutation of the truth". In criminal law, falsehood consists of the conscious acquisition, modification or creation of inauthentic documents, effects or securities, the simulation of a person's involvement in certain legal transactions or his or her signature and appearance on documents, whether public, commercial or private, the usurpation of the personality of a third party, as well as the usurpation of public functions and intrusion.
The crimes of falsehood, by their nature, result in the violation of public faith, understood as the trust placed in the veracity of certain symbols (effects, securities, documents, coins), of notorious importance for the legal system and commercial traffic.
The criminal lawyers in Madrid of G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in the resolution of any problem that may arise from crimes of forgery.
Currency Counterfeiting
Article 386 Penal Code
Shall be punished by imprisonment for a term of eight to twelve years and a fine of one to ten times the apparent value of the currency:
- Whoever alters currency or manufactures counterfeit currency.
- Anyone who brings into the country or exports counterfeit or altered currency.
- Anyone who transports, sells or distributes, in collusion with the counterfeiter, alterer, introducer or exporter, counterfeit or altered currency.
The possession of counterfeit currency with a view to its sale or distribution shall be punished with a penalty one or two degrees lower, depending on the value of the currency and the degree of connivance with the perpetrators mentioned in the previous numbers. The same penalty shall be imposed on anyone who, knowing it to be counterfeit, acquires currency for the purpose of putting it into circulation.
Anyone who, having received counterfeit currency in good faith, sells or distributes it after having ascertained that it is counterfeit, shall be punished with a prison sentence of three to six months or a fine of six to 24 months, if the apparent value of the currency is greater than 400 euros.
If the guilty party belongs to a company, organisation or association, even of a temporary nature, which engages in these activities, the judge or court may impose one or more of the consequences provided for in article 129 of this Code".
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problems that may arise from crimes of counterfeiting currency or stamped effects.
Documentary Forgery
Article 390 Penal Code
- Any authority or public official who, in the exercise of his duties, commits falsehood shall be punished by imprisonment for a term of three to six years, a fine of six to twenty-four months and special disqualification for a period of two to six years:
- Altering a document in any of its essential elements or requirements.
- Simulating a document in whole or in part in such a way as to mislead as to its authenticity.
- Assuming the involvement in an act of persons who have not been involved, or attributing to those who have been involved in it statements or declarations different from those they would have made.
- Falsifying the truth in the narration of the facts.
- The same penalties as those indicated in the previous section shall apply to the person in charge of any religious denomination who engages in any of the conducts described in the previous numbers, with respect to acts and documents that may have an effect on the status of persons or on civil order".
Article 392 Penal Code
- Any private individual who commits any of the forgeries described in the first three paragraphs of Article 390(1) in a public, official or commercial document shall be punished by imprisonment for a term of six months to three years and a fine of six to twelve months.
- The same penalties shall be imposed on anyone who, without having been involved in the forgery, deals in any way with a false identity document. A term of imprisonment of six months to one year and a fine of three to six months shall be imposed on anyone who knowingly uses a false identity document.
This provision is applicable even if the false identity document appears to belong to another State of the European Union or to a third State or has been forged or acquired in another State of the European Union or in a third State if it is used or trafficked in Spain".
Specialists in Documentary Forgery Crimes
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problems that may arise from document forgery offences.
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