Currency Counterfeiting Lawyer in Marbella
Offenses of counterfeiting legal tender (euros)
Currency counterfeiting is, alongside terrorism and offenses against the Crown, one of the categories of offense that once justified the very creation of a centralized jurisdiction: the security of monetary trade is a legal interest of such collective importance that the Criminal Code punishes it with one of the most severe sentences in the legal system — from eight to twelve years' imprisonment — far exceeding what would correspond to a property offense causing an identical individual financial loss. At RAKH ABOGADOS we undertake this defense with the same technical rigor that characterizes the rest of our practice before the Audiencia Nacional, analyzing from the very first moment the expert evidence on the seized currency, an element on which the entire outcome of the proceedings frequently depends.
Structure of the offense (Article 386 of the Criminal Code)
Article 386 of the Criminal Code punishes with a prison sentence of eight to twelve years and a fine of up to ten times the apparent value of the currency anyone who alters currency or manufactures counterfeit currency, anyone who introduces it into Spain or exports it to another Member State of the European Union, and anyone who transports, issues or distributes it knowing it to be counterfeit. The sentence is imposed at its upper half if the currency actually reaches circulation. The provision also sets out a specific mitigated form for possessing, receiving or obtaining counterfeit currency for the purpose of issuing, distributing or putting it into circulation, with a sentence lowered by one or two degrees having regard to the value of the currency and the degree of collusion with whoever manufactured, introduced or exported it.
The criminal-law concept of currency (Article 387 of the Criminal Code)
Article 387 of the Criminal Code delimits the material object of the offense: currency is understood to mean metal coin and paper money that is legal tender, both in Spain and in the other countries of the European Union, as well as currency that, although not yet officially put into circulation, is intended for that purpose. The reform brought about by Ley Orgánica 1/2019, transposing Directive (EU) 2014/62, also included as counterfeit currency that which, although manufactured on legitimate premises and with legitimate materials, is issued knowingly in breach of the conditions set by the competent authority, or with no issuance order whatsoever. A resolution of the Plenary of the Second Chamber of the Supreme Court extended this treatment to credit and debit cards, so that the fraudulent addition of data to their magnetic stripe constitutes a manufacturing process falling within Article 386 of the Criminal Code.
The requirement of harmful suitability: not every imitation is a crime
Given the exceptional severity of the sentence, case law requires the counterfeit currency to be of sufficient quality to place the protected legal interest at genuine risk: a crude imitation, easily detectable, that is not suitable to deceive a person of average diligence is not enough.
"...el delito del artículo 386 CP reclama... que la acción falsaria reúna condiciones de particular idoneidad para lesionar el bien jurídico protegido."
Supreme Court, Criminal Chamber, STS 221/2023, of 23 March 2023 (the offense under Article 386 of the Criminal Code requires the counterfeiting act to be of particular suitability to harm the protected legal interest)The Supreme Court itself has applied this doctrine to quash convictions for currency counterfeiting where the item imitated, although capable of deceiving a vending machine, did not bear a sufficient resemblance to genuine currency to deceive a person, redirecting the facts to the offense of fraud. In every proceeding of this nature, our defense subjects the technical quality of the counterfeit to adversarial challenge through the expert report of the Banco de España (Bank of Spain) or the competent analysis body, since this is the first and most effective front for legal argument.
Possession for issuance: the specific intent to transfer
The form of possession of counterfeit currency under Article 386.2 of the Criminal Code requires, as the Plenary of the Second Chamber of the Supreme Court has clarified, specific proof of the purpose of transfer: mere possession of counterfeit notes or coins is not enough automatically to presume an intention to put them into circulation, and this subjective element of wrongdoing must be proven independently. We systematically work on this evidentiary requirement in defending those found in possession of counterfeit currency with no established destination for it, distinguishing these cases from possession aimed at issuance, which carries a considerably more severe sentence.
The regime for the good-faith recipient (Article 386.3 of the Criminal Code)
The Criminal Code provides for a privileged form, almost exceptional in nature within this field, for anyone who received the counterfeit currency in good faith — without knowing it was counterfeit at the time of receipt — and, once alerted to this fact, nonetheless decides to issue or distribute it: the sentence is drastically reduced to imprisonment of three to six months or a fine, and even to a fine of one to three months where the apparent value does not exceed 400 euros. Proving the initial good faith in receiving the currency — a common circumstance for shopkeepers or private individuals who receive counterfeit notes in the ordinary course of their activity — is one of our most effective defense lines against charges under the considerably more severe basic offense.
Criminal organization and jurisdiction of the Audiencia Nacional
Article 386.4 of the Criminal Code sets out specific accessory consequences where the offender belongs to a company, organization or association — even a temporary one — devoted to this activity, and Article 386.5 of the Criminal Code extends criminal liability to legal persons, with a fine of up to ten times the apparent value of the currency. Where the counterfeiting takes place within a criminal organization or group, jurisdiction for the investigation and trial lies with the Juzgados Centrales de Instrucción and the Criminal Chamber of the Audiencia Nacional (Spain's National Court, with jurisdiction over certain serious and cross-territorial offenses), pursuant to Article 65.1.b) of the Ley Orgánica del Poder Judicial, which calls for a defense with the procedural specialization proper to that court.
Our defense strategy
- Challenging harmful suitability: we subject the expert evidence on the quality of the counterfeit to adversarial challenge, seeking reclassification to lesser offenses — such as fraud — where the imitation does not meet the standard of resemblance the offense requires.
- Challenging the specific intent to transfer: in possession cases, we prove the absence of independent evidence of an intention to issue or put the currency into circulation.
- Proving good faith in receipt: we work on the application of the privileged form under Article 386.3 of the Criminal Code for those who received the currency without knowing it was counterfeit.
- Challenging the classification of criminal organization: where appropriate, we prove the absence of a stable structure that would justify the jurisdiction of the Audiencia Nacional or the corresponding aggravation.
Have you been arrested or are you under investigation for counterfeiting, possessing or distributing counterfeit currency? The exceptional severity of the sentence for this offense demands an immediate technical defense from the very first moment. At RAKH ABOGADOS we analyze every proceeding with expert rigor throughout Spain.