Crime of falsehood

The Supreme Court (TS) has confirmed the conviction for the crime of falsehood in an official document of aworker who submitted afalse medical leave, created by computer, to justify his absence and receive payment for the days not worked.

The events occurred when the worker, after obtaining atrue medical leave from his general practitioner for just one day,decided to extend it. To do this, he prepared several more sick leaves and returns from his computer,imitating the format of the official form, and sent them to his company by email. This way, he managed to receive almost 32 euros from the company for those days when he was not actually on sick leave.

Initially, the Criminal Court convicted him, but the Provincial Court acquitted him. It argued that, since it was adocument sent by email(a scanned or digital photocopy), it could not be considered an official document, but ratherprivate, and also that there was no real damage to the company.

However, the TS corrects this stance and reminds that jurisprudence considers that, whena document is created in its entirety that simulates being official, even if it is in digital format or photocopy, the crime committed isforgery of an official document. That is, the important thing is not the means used to create or send the false sick leave, but itsappearance and purpose which is to make believe that it is an authentic document generated by a public administration.

The ruling clarifies that if someone "creates or simulates" a sick leave to present it as if it were real, even if itdoes not exist as an original and even if it is sentscanned or by email, aforgery crime of an official document is being committed.