Commentary on Judgment No. 14917 of 2023: Forgery of Public Documents and False Declarations in Public Acts

The recent judgment No. 14917 of February 15, 2023, issued by the Court of Cassation, addresses a highly relevant issue in criminal law: the concurrence of offenses between forgery of public documents and false declarations in public acts. This ruling offers important insights into the protection of the veracity of information presented to the judicial authority and the proper functioning of the legal system.

The Specific Case and Its Implications

In the case under review, the defendant, F. G., who was already under house arrest, had produced a false medical certificate to request authorization to visit a medical facility. The Court held that there was a material concurrence of offenses, rather than a relationship of specialty, between the crime of forgery of a public document committed by a private individual and that of false declarations.

• Forgery of a public document occurs when an act that appears authentic is presented, but is in reality not so.
• False declarations, on the other hand, are ideological falsehoods that compromise the integrity of the legal process.
• The proper functioning of justice is protected by strict laws that penalize such conduct.

Public document drawn up by a private individual - False declarations or attestations in documents intended for the judicial authority - Material concurrence of offenses - Existence - Factual basis. A material concurrence of offenses exists, and not a relationship of specialty, between the crime of forgery of a public document committed by a private individual and that of false declarations or attestations in documents intended for the judicial authority, as the former makes an act appear to have come into existence which, in reality, was never formed, while the latter, safeguarding the proper functioning of justice, results in an ideological falsehood committed by a private individual. (Factual basis in which the Court deemed correct the conviction for both criminal offenses of the defendant who, under house arrest, after having drawn up a false medical certificate, had requested the supervising magistrate to be authorized to go, free in person, to a medical facility to undergo the therapeutic treatments indicated in the attached certificate).

Reflections on the Protection of Justice

This judgment underscores the importance of truth in legal proceedings. The production of false documentation not only undermines trust in institutions but can also compromise the outcome of criminal and civil proceedings. The Court reiterated that truth is a fundamental value to be preserved, and the use of false documents to obtain personal advantages is conduct to be severely penalized.

Conclusions

In conclusion, judgment No. 14917 of 2023 represents a significant step forward in the fight against falsehood in the legal field. It clarifies that the concurrence of offenses is a concrete reality and that justice must always be protected through preventive and punitive measures. It is essential that all legal professionals, both lawyers and judges, are aware of the seriousness of such conduct and promote a culture of truth and correctness.