Ideological Falsehood and Notary Responsibility: An Analysis of the Supreme Court Ruling
The ruling no. 22839 of May 23, 2019, issued by the Supreme Court, Fifth Criminal Section, provides significant insights regarding the issue of ideological falsehood in public deeds. Specifically, the case examined involves an individual who misled a notary by presenting a falsified identity document, resulting in consequences not only criminal but also in terms of responsibility and validity of public acts.
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, posing as G.D. and misleading the notary into certifying declarations of intent that had not actually been made by the parties involved. D.D.D. contested the classification of the crime, arguing that the act should be considered a violation of art. 483 of the Penal Code regarding ideological falsehood committed by a private individual.
The Court held that the subject of the falsehood 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 verify the identity of the parties involved in the act. Italian law, particularly art. 49 of Law No. 89 of February 16, 1913, requires that the notary ascertain the personal identity of the parties, establishing that the public official must evaluate all useful elements to form a conviction.
The Implications of the Ruling
This decision has several implications for notarial practice and for those operating in the legal sector:
- It asserts the notary's responsibility to verify the identity of the parties, strengthening protection against fraud.
- It delineates the boundaries between different types of ideological falsehood, clarifying the specifics of criminal responsibilities.
- It directs legal professionals to pay particular attention to the validity of public acts and the information provided by clients.
Conclusions
The Supreme Court ruling no. 22839/2019 represents an important milestone in understanding ideological falsehood in public acts and notary responsibility. It reiterates the importance of rigorous identity verification by the notary, thereby protecting the integrity of public acts and safeguarding the rights of the parties involved. The consequences of this decision are significant and require renewed attention from all operators in the legal sector to ensure the safety and validity of real estate transactions and beyond.
