Judgment No. 3015 of 2024: False Attestation for Visits with Detainees

The Court of Cassation, with judgment No. 3015 of November 27, 2024, addressed a matter of significant importance concerning false attestation regarding criminal records, in relation to requests for visits with detainees. This ruling has generated considerable interest for its impact on the rights of detainees and the procedures for accessing visits. In this article, we will analyze the key points of the judgment and the resulting legal implications.

Configurability of the Crime of False Attestation

The Court has established that the conduct of anyone who, in the substitute declaration of certification required to have visits with detainees, falsely attests to being free of criminal records, constitutes the crime of false attestation or declaration to a public official regarding one's personal qualities. This principle is fundamental, as it emphasizes that the truthfulness of the information provided is crucial for the admissibility of the visit itself.

Request for visits with detainees - False attestation regarding one's criminal records - Crime of false attestation or declaration to a public official regarding one's personal qualities - Configurability - Existence - Crimes under Articles 483 and 496 of the Italian Criminal Code - Exclusion. The conduct of someone who, in the substitute declaration of certification, required to have visits with detainees, falsely attests to being free of criminal records, constitutes the crime of false attestation or declaration to a public official regarding one's personal qualities. (In its reasoning, the Court specified that, as the mendacious declaration influences the assessment of the admissibility of the visit, which is preparatory to the exercise of the prison facility's authorization power, neither the crime of ideological falsehood committed by a private individual in a public act, which occurs when the false attestation concerns "facts" that the act is intended to prove the truth of, nor that of false declarations on identity or personal qualities of oneself or others, which is applicable only residually when the falsehood has no bearing, even indirectly, on the formation of the act, can be configured).

Legal Implications of the Judgment

The consequences of this judgment are manifold. Firstly, it reiterates the importance of transparency and truthfulness in declarations made to public officials. Furthermore, the Court has clarified that the assessment of the admissibility of the visit is influenced by the truthfulness of the information provided, which implies that any mendacious declarations can have significant legal repercussions.

• The crime of false attestation is configurable even in contexts not strictly related to ideological falsehood.
• The need for a truthful declaration extends to every interaction with authorities, particularly in the prison context.
• The court excludes other criminal configurations, such as ideological falsehood, for specific contexts of attestation.

Conclusions

In conclusion, judgment No. 3015 of 2024 represents an important reference point for jurisprudence on false attestations. It clarifies that the truthfulness of declarations is essential not only for the admissibility of visits with detainees but also for maintaining trust in the legal system. It is crucial that anyone who has to make declarations to public officials is aware of the legal consequences of their statements, in order to avoid incurring criminal sanctions.