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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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HEALTH

Spain wants masks worn in hospitals as viruses surge

The Spanish government on Friday called for the wearing of masks to be obligatory in medical facilities as cases of flu and Covid-19 surge with the onset of winter.

Spain wants masks worn in hospitals as viruses surge

With the increase in respiratory infections, “we are calling” for the return of obligatory mask-wearing in hospitals and health centres, Health Minister Monica Garcia said on X, formerly Twitter.

The minister said she would bring up the subject on Monday at a meeting with regional representatives overseeing health issues.

READ ALSO: Respiratory infections soar in Spain over Christmas as hospitals struggle

The meeting would enable “coordinated public health action to be taken in the face of the epidemic spikes”.

The eastern region of Valencia and Catalonia, in the northeast, announced Friday that health professionals and patients would have to wear masks in medical facilities there.

The move came after doctors raised the alarm over mounting cases of flu as well as Covid and other respiratory ailments, particularly in the east of the country.

READ ALSO: Coughs, colds and flu: What to say and do if you fall sick in Spain

Spain only lifted the obligatory wearing of masks in high-risk facilities such as hospitals, retirement homes and pharmacies in July 2023.

Spaniards broadly complied with the obligation to wear masks during the Covid pandemic which saw the badly-hit nation adopt some of the strictest measures in the world to fight the virus.

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