Commentary on Judgment No. 13774 of 2024: The Attendance Register as a Public Document

Judgment No. 13774 of January 24, 2024, by the Court of Cassation represents an important milestone in defining the legal nature of the attendance register for individuals admitted to perform community service. In particular, the Court confirmed that this register qualifies as a public document, with evident implications regarding the validity and reliability of attestations concerning document forgery.

The Context of the Judgment

The decision stems from a case where the defendant, M. A., was accused of falsifying the attendance register in the context of a probation procedure. The Court of Appeal of Turin, affirming the conviction, emphasized that the register in question, established under D.M. June 8, 2015, No. 88, is essential for analytically certifying the computation of hours worked by the defendant.

Probation - Attendance register of a person admitted to community service - Nature - Public document - Reasons. In terms of document forgery, the attendance register of a person admitted to perform community service within the probation procedure qualifies as a public document, as the D.M. June 8, 2015, No. 88 expressly provides in Article 3 that this register is established to analytically certify the computation of hours actually worked by the defendant.

Legal Implications

The judgment highlights some crucial aspects:

  • The attendance register, being a public document, is considered in itself a proof of truth, unless proven otherwise.
  • The forgery of such a document entails significant criminal consequences, as it can alter the perception of the defendant's compliance with obligations.
  • The definition of public document relates to norms of the Penal Code, particularly Articles 476 and 168 bis, which regulate forgery in public documents.

Conclusions

Judgment No. 13774 of 2024 not only clarifies the legal nature of the attendance register in community service but also reaffirms the importance of transparency and integrity in legal documentation. With this ruling, the Court contributes to strengthening the legal system against document fraud, offering a clear and precise interpretation of the current regulations. It is essential that all parties involved in the probation procedure understand the importance of proper management of such registers to ensure compliance with laws and the rights of the defendants.

Bianucci Law Firm