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COVID-19 RULES

What are the penalties in Spain for having a fake Covid-19 certificate?

As the EU Digital Covid Certificate and other forms of proof of Covid-19 status are likely to be in use in Spain for all of 2022, we take a look at the fines and prison sentences that Spanish authorities can hand out to those with forged documents.

fake covid pass spain
What happens if you are caught in possession of a fake Covid-19 certificate in Spain? Photo: Cesar Manso/AFP

The Covid-19 pass or certificate has been divisive since it was introduced in 2021, with some seeing it as the most straightforward tool to find out one’s vaccination, testing or recovery status, and others considering it discriminatory and ineffective. 

Whatever your opinion of it, an official Covid-19 certificate – which usually includes a QR Code – will continue being required for travel to and from Spain in 2022. In fact, the European Commission has recently proposed that EU Covid Digital Certificates should be in use until at least June 30th 2023. 

The requirement of a Covid pass for domestic affairs in Spain such as going into a restaurant or a museum is decided by local governments, and although more and more regions are getting rid of its usage, it may not be completely scrapped for domestic matters altogether. 

So what happens if you are caught in possession of a fake Covid-19 certificate in Spain?

According to Article 392 of Spain’s Penal Code, forging official documents can result in prison sentences of between six months and three years. In some cases, sentences under two years don’t result in actual jail time, but not always.  

Crucially, Spanish law will treat the person who forged the document equally to the person who commissioned it or used it, resulting in the same punishment. 

Being caught in possession of a forged Covid-19 pass can also carry fines that vary depending on the person’s available savings and the length of the penalty, making it hard to give exact amounts. 

It can start from €6 a day, which is multiplied by the number of days of the financial sentence, which is usually from six to twelve months. Therefore the minimum fine could be around €1,095.

Forging the result of Covid-19 on a medical certificate carries different penalties as it does not constitute the forgery of an official state document but rather a privately issued one, and is therefore regulated under Article 399 of Spain’s Criminal Code. 

A potential prison sentence wouldn’t be possible in this case but a substantial fine similar to that for falsifying Covid-19 certificates could apply.

In both cases, regional high courts and governments may apply their own regional legislation, which can be more or less punitive, especially in financial terms. 

Spanish police have recently been carrying out arrests of criminal gangs that were selling fake Covid passports online for as much as €200 or €300. 

There are no recently reported cases of foreign tourists being arrested or fined in Spain for arriving with a fake Covid-19 certificate or test, but failing to meet Spain’s entry requirements can result in a minimum fine of €3,000.

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FACE MASKS

Spain calls for return of face masks indoors as Covid cases rise

Spain’s Health Ministry has recommended Spaniards put their masks back on in indoor public settings, calling for "caution" as the seventh coronavirus wave sees cases and hospitalisations rise across the country.

Spain calls for return of face masks indoors as Covid cases rise

Spanish Health Minister Carolina Darias on Friday recommended people wear face masks again in indoor public settings as Covid cases and hospitalisations in late June and early July returned to levels not seen since February 2022.

Darias called for “caution” and “responsible mask usage” at a time of increased travel in Spain and with many doctors and nurses booking off time for their summer holidays.

Similar sentiments about the return of face masks indoors have already been shared by the health authorities in some of Spain’s other regions, including Catalonia and Madrid. 

Catalan Health Minister Josep Maria Argimon recommended that those recovering from Covid should continue to wear a mask due to the increase in Covid patients admitted to the ICU in the region, which has increased from 26 to 46 in the space of three weeks.  

Madrid Vice President Enrique Ossorio also suggested that masks should be reintroduced in certain situations, due to the rise of cases seen in the region. Masks should be worn by “vulnerable people, those who are immunosuppressed and those who are pregnant,” he argued.

Ossorio also recommended that the use of face masks be extended to enclosed public spaces and large events.

After two years of compulsory usage in indoor public settings, Spanish authorities lifted the indoor face mask rule on April 20th, having already removed the requirement for outdoors on February 10th

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Spain’s Health Minister also urged that those aged 80 and over should receive a fourth Covid vaccine dose, but has not specified when this will happen, even though this was already been approved in early June.   

READ ALSO: Spain to offer fourth Covid-19 vaccine dose to ‘entire population’

“The Health Ministry is going to continue working hand in hand with the advice of experts who’ve introduced an exemplary vaccination strategy,” Darias explained.

On Friday July 1st, 10,249 people were in hospital with Covid-19 in Spain, a figure not seen since February 17th 2022. As for ICU admissions, there were 449 Covid patients in total.

Madrid currently has a fortnightly infection rate of 1,500 cases per 100,00 inhabitants for people aged 60 and over, as Spain stopped counting each and every Covid-19 cases last March and focused only on serious infections and those affecting the elderly. 

That’s why experts are referring to this seventh coronavirus wave as the “silent” one, with no way of truly knowing how many people are getting infected or reinfected in Spain. 

Darias said that the Covid situation is being monitored carefully and that rise in cases is mainly down to the new omicron sub-variants BA4 and BA5, which are more transmissible but are milder than previous variants.

The Minister added that the Spanish government has provided its regions with medicines that are “very important” in the treatment of Covid, such as the antiviral Paxlovid, of which 344,000 sets of pills have been purchased, which help prevent an infected person from developing a serious illness, as well as Evusheld to protect people who do not generate their own antibodies. 

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