Ideological Forgery and Notarial Liability: An Analysis of the Supreme Court Ruling

Ruling No. 22839 of May 23, 2019, issued by the Court of Cassation, Fifth Criminal Section, offers significant insights into the issue of ideological forgery in public deeds. Specifically, the case examined involves an individual who misled a notary by presenting a falsified identity document, leading to consequences not only criminal but also in terms of liability and the validity of public deeds.

The Case and the Court's Decision

The appellant, D.D.D., had been convicted for presenting a false document to notary A.A. during the sale of a property, impersonating G.D. and inducing the notary to certify declarations of intent that were not actually made by the parties involved. D.D.D. contested the classification of the offense, arguing that the act should be considered a violation of Article 483 of the Italian Criminal Code (c.p.) concerning ideological forgery committed by a private individual.

The Court held that the object of the forgery was not the contractual declarations themselves, but their attribution to falsely identified individuals.

The central point of the decision lies in the fact that the court upheld the conviction, emphasizing that the notary must ascertain the identity of the parties involved in the deed. Italian law, particularly Article 49 of Law No. 89 of February 16, 1913, requires the notary to ascertain the personal identity of the parties, establishing that the public official must evaluate all elements useful for forming a conviction.

Implications of the Ruling

This decision has several implications for notarial practice and for those operating in the legal sector:

• It affirms the notary's responsibility in verifying the identity of the parties, strengthening protection against fraud.
• It delineates the boundaries between different types of ideological forgery, clarifying the specifics of criminal responsibilities.
• It directs legal professionals to pay particular attention to the validity of public deeds and the information provided by clients.

Conclusions

The ruling of the Court of Cassation No. 22839/2019 represents an important milestone in understanding ideological forgery in public deeds and notarial liability. It reiterates the importance of rigorous identity verification by the notary, thereby protecting the integrity of public deeds and safeguarding the rights of the parties involved. The consequences of this decision are significant and require renewed attention from all legal operators to ensure the security and validity of real estate transactions and beyond.