CONVENIENCE MARRIAGE IS NOT A CRIME

In 2009, a man of Dominican nationality contracted marriage of convenience with a Dominican woman with Spanish nationality. The two defendants had been sentenced to 2 years’ imprisonment by the Barcelona Provincial Court and finally, the Supreme Court has issued in April 2017 a Judgment stating that, having the defendants got a convenience marriage, there is no crime of documentary falsification or offense against the rights of foreign workers due the absence of usurpation of civil status and because there is no economic profit. The Court considers that, in any case, it should be sanctioned by administrative means or as a civil offense, it is necessary to be criminalized the convenience marriage or the child recognition to acquire nationality, residence or avoid extradition as in Belgium, France or Portugal.