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Counterfeit Money Laws in Spain
Counterfeit Money Laws in Spain establish serious criminal penalties for manufacturing, altering, importing, exporting, transporting, selling, distributing, or knowingly putting counterfeit currency into circulation. Because Spain uses the euro, counterfeit euro banknotes and coins are subject to Spanish criminal law as well as applicable European rules protecting the euro.
Understanding Counterfeit Money Laws in Spain is important for consumers, retailers, businesses, tourists, and anyone who handles cash. Spanish law distinguishes between manufacturing counterfeit currency, knowingly circulating it, and receiving a counterfeit note in good faith and later discovering that it is false.
What Are the Counterfeit Money Laws in Spain?
The principal Spanish criminal provisions concerning counterfeit currency are found in Chapter I of Title XVIII of the Spanish Penal Code. Article 386 addresses counterfeiting and altering currency, importing or exporting counterfeit currency, and knowingly transporting, selling, or distributing it.
The law also provides different treatment for a person who receives counterfeit currency in good faith and subsequently passes or distributes it after discovering that it is counterfeit. The exact penalty depends on the circumstances and the apparent value of the counterfeit currency.
The official Spanish Penal Code published by the Boletín Oficial del Estado provides the current statutory framework for these offenses.
Is Making Counterfeit Money Illegal in Spain?
Yes. Manufacturing or altering counterfeit currency is a serious criminal offense in Spain.
Article 386 provides imprisonment of eight to twelve years and a fine based on the apparent value of the currency for a person who alters currency or manufactures counterfeit currency. The same article addresses importing or exporting counterfeit or altered currency and knowingly transporting, selling, or distributing it.
Where counterfeit currency is actually put into circulation, the law provides for the prison sentence to be imposed in its upper half.
Counterfeit Money Laws in Spain and Passing Fake Currency
Spanish law does not only target the person who physically manufactures counterfeit money. Knowingly transporting, selling, or distributing counterfeit or altered currency can also result in criminal liability.
This distinction is important because a person can become involved in a counterfeit-currency offense without having manufactured the banknote personally.
If someone discovers that a banknote they received may be counterfeit, they should not attempt to spend it at another business. Banco de España specifically advises that a person who suspects they have accepted a counterfeit banknote or coin should not give it to another person.
What If You Receive a Counterfeit Note Without Knowing?
Accidentally receiving a counterfeit note is different from knowingly passing counterfeit currency. Spanish law specifically provides a separate provision for a person who received counterfeit currency in good faith and later distributes or spends it after discovering that it is counterfeit.
Article 386(3) provides imprisonment of three to six months or a fine of six to twenty-four months in the circumstances described by the provision. Where the apparent value does not exceed €400, the law provides for a fine of one to three months.
If you have received a suspicious note, our related guide What Should You Do If You Receive Counterfeit Money? explains the practical steps to take.
Counterfeit Money Laws in Spain and Possession
Possession can become a criminal issue depending on why the counterfeit currency is being held and the circumstances surrounding it.
Article 386 provides that possession, receipt, or acquisition of counterfeit currency for the purpose of issuing, distributing, or putting it into circulation can be punished by a penalty one or two degrees below the applicable penalty, taking into account the value of the currency and the degree of connection with the counterfeiter, alterer, importer, or exporter.
Therefore, simply finding a suspicious note is not the same factual situation as deliberately obtaining counterfeit currency for distribution.
What Are the Penalties for Counterfeit Currency in Spain?
The potential penalties depend on the specific conduct and circumstances.
Manufacturing or Altering Counterfeit Currency
Article 386 provides imprisonment of eight to twelve years and a fine ranging from one to ten times the apparent value of the currency for manufacturing or altering counterfeit currency.
Importing or Exporting Counterfeit Currency
Importing counterfeit or altered currency into Spain, or exporting it to another country, is also covered by Article 386. The provision applies to importing it into Spain or another European Union Member State and to exporting counterfeit or altered currency.
Transporting, Selling or Distributing Counterfeit Currency
A person who knowingly transports, sells, or distributes counterfeit or altered currency can face the penalties established under Article 386.
Putting Counterfeit Currency Into Circulation
When counterfeit currency is put into circulation, Article 386 provides that the prison sentence is imposed in its upper half. This makes circulation an important factor in determining the applicable punishment.
How Does Spain Treat Foreign Counterfeit Currency?
Spanish law is not limited to counterfeit Spanish-issued currency.
Article 387 of the Penal Code defines “currency” for purposes of Article 386 to include metallic and paper legal tender. It also provides that currencies of other European Union countries and foreign currencies are equated with national currency for these provisions.
This means that counterfeit foreign currency can potentially create criminal liability in Spain when the statutory requirements are satisfied.
How Can You Identify Counterfeit Euro Notes in Spain?
Banco de España recommends checking euro banknotes using the “feel, look, tilt” method. Euro banknotes contain security features designed to help members of the public distinguish genuine notes from counterfeits.
Feel the Banknote
Genuine euro banknotes have distinctive paper characteristics and raised printing in certain areas. Feeling the surface can provide an initial indication of whether a note appears genuine.
Look at the Banknote
Holding a euro banknote up to the light can reveal security features such as watermarks and security threads. The precise features vary depending on the denomination and banknote series.
Tilt the Banknote
Tilting the note can reveal holographic and colour-changing effects. These features provide another way to check a euro banknote without relying solely on its appearance.
Banco de España states that citizens can use the “feel, look, tilt” method to check euro banknotes without specialized verification equipment.
What Should You Do If You Receive Counterfeit Money in Spain?
If you believe that you have received a counterfeit euro banknote or coin in Spain, do not attempt to use it again.
Banco de España states that a suspected counterfeit should be delivered to the police, a credit institution, or a branch of Banco de España. If the item is determined to be genuine, its value can be recovered. If it is confirmed to be counterfeit, it is not redeemable.
You should also keep any useful information about where and when you received the suspicious note. This can help explain the circumstances surrounding the transaction.
Where Should You Report Counterfeit Money in Spain?
Suspected counterfeit currency can be delivered to police authorities, a credit institution, or Banco de España.
Banco de España has an official procedure for checking suspected counterfeit euro banknotes and coins submitted by individuals, financial institutions, businesses, and public authorities. A receipt is provided when suspected currency is submitted, allowing the case to be tracked.
For a broader explanation of reporting procedures, read our related article Where Should You Report Counterfeit Money?.
Can a Bank Exchange Counterfeit Money in Spain?
A suspected counterfeit note is not automatically exchanged for its face value.
Banco de España examines suspected counterfeit banknotes and coins. If the analysis establishes that the item is genuine, the citizen or financial institution can recover its value. If the item is confirmed as counterfeit, it cannot be exchanged for its face value.
This is different from exchanging a genuine damaged euro banknote. A person who believes they have a counterfeit should therefore submit it for verification rather than treating it as ordinary cash.
For more information about this issue, see our guide Can You Exchange Counterfeit Money?.
What Happens When a Suspected Counterfeit Is Submitted?
When suspected currency is delivered to Banco de España or a participating financial institution, the item can be examined by specialists.
Banco de España provides a receipt for submitted suspected counterfeit banknotes and coins. The result of the examination is communicated to the person or organization involved in the submission. If the currency is genuine, its value can be returned or credited according to the applicable procedure. If it is counterfeit, it is not redeemable.
Counterfeit Money Laws in Spain for Businesses
Businesses that handle cash have responsibilities when they receive euro banknotes or coins that they know or reasonably suspect are counterfeit.
Banco de España states that credit institutions, currency exchange offices, and other professional cash-handling entities must withdraw suspected counterfeit euro currency from circulation and submit it to Banco de España without delay. For certain institutions operating under the ordinary cash-service arrangements, the submission deadline is a maximum of 15 working days after detection.
Businesses should therefore train employees to identify basic euro security features and establish a clear process for handling suspicious currency.
Our guide to Counterfeit Money Prevention for Businesses provides additional information about reducing counterfeit-currency risks in commercial environments.
Can Businesses Return a Suspected Counterfeit Note to a Customer?
Businesses should not knowingly put suspected counterfeit currency back into circulation.
Once a business has sufficient reason to believe that a euro banknote or coin is counterfeit, Banco de España guidance requires professional cash handlers to withdraw it from circulation and submit it through the appropriate process.
Employees should follow the business’s established procedures and seek assistance from the appropriate financial institution or authorities when necessary.
Counterfeit Money Laws in Spain and Legal Responsibility
Legal responsibility can depend on what a person knew, what they intended to do with the currency, and the specific actions they took.
For example, Article 386 distinguishes between manufacturing counterfeit currency, knowingly transporting or distributing it, possessing it for distribution or circulation, and receiving counterfeit currency in good faith before subsequently passing it after discovering that it is false.
These distinctions are important because not every person who comes into contact with a counterfeit note is in the same legal position.
Frequently Asked Questions
Are Counterfeit Money Laws in Spain Strict?
Spain provides substantial criminal penalties for manufacturing, altering, importing, exporting, and knowingly transporting, selling, or distributing counterfeit currency. Article 386 provides imprisonment of eight to twelve years for the principal offenses described in paragraph 1.
Is Making Fake Euro Money Illegal in Spain?
Yes. Manufacturing or altering counterfeit currency for the purposes covered by Article 386 is a criminal offense and can result in substantial imprisonment and fines.
What Should I Do If I Accidentally Receive a Counterfeit Euro?
Do not knowingly spend or give the suspected counterfeit to another person. Submit it to the police, a credit institution, or Banco de España for verification.
Can I Get My Money Back for a Counterfeit Note?
If Banco de España determines that the suspicious note is genuine, its value can be recovered. If it is confirmed to be counterfeit, it is not redeemable.
Does Spanish Law Cover Foreign Counterfeit Currency?
Yes. Article 387 provides that currencies of other European Union countries and foreign currencies are equated with national currency for purposes of the relevant counterfeit-currency provisions.
Final Thoughts on Counterfeit Money Laws in Spain
Counterfeit Money Laws in Spain cover manufacturing, altering, importing, exporting, transporting, selling, distributing, possessing for circulation, and other conduct involving counterfeit currency.
The law also recognizes an important difference between knowingly participating in counterfeit-currency activity and receiving a counterfeit note in good faith. Once someone knows that a note is counterfeit, however, they should not attempt to pass it to another person.
Banco de España provides a formal process for checking suspected euro banknotes and coins. If the item is genuine, its value can be recovered; if it is counterfeit, it is not redeemable.
Anyone facing an actual criminal investigation or legal dispute should consult a qualified lawyer in Spain and review the current Spanish legislation applicable to the specific circumstances.