Analysis of Judgment No. 24808 of 2023: Possession of a False Document and Complicity in Forgery

Judgment No. 24808 of January 18, 2023, represents an important ruling by the Court of Cassation regarding crimes against public faith, particularly the possession of false identification documents. This decision provides significant insights for understanding the legal implications of such behavior and the conditions for proceeding required by law.

The Regulatory Context

The Court analyzed the case of G. B., accused of possessing a false passport and complicity in the forgery of a document that occurred abroad. The central issue concerned the condition for proceeding as stipulated by Article 10 of the Penal Code, which requires a request from the Minister of Justice to proceed in cases of forgery crimes. In this context, the Court clarified that, in this specific case, the lack of such a request does not exclude the configurability of the crime referred to in Article 497-bis, paragraph one, of the Penal Code.

Possession of a false identification document - Complicity in forgery occurring abroad - Lack of the condition for proceeding as per Article 10 of the Penal Code - Crime as per Article 497-bis, paragraph two, of the Penal Code - Exclusion - Crime as per Article 497-bis, paragraph one, of the Penal Code - Configurability - Existence. The crime referred to in Article 497-bis, paragraph one, of the Penal Code is constituted by the possession of a valid passport for expatriation that is false - in this case, the passport - when the charge for complicity in the prior forgery of the document, which occurred abroad, contested under the second paragraph of the cited provision, is not prosecutable due to the lack of the request from the Minister of Justice as per Article 10 of the Penal Code.

Implications of the Judgment

The ruling of the Court of Cassation highlights several crucial aspects:

  • The configurability of the crime of possession of false documents, even in the absence of a request from the Minister of Justice.
  • The distinction between the various types of offenses provided for in Article 497-bis of the Penal Code.
  • The role of jurisprudence in interpreting norms related to documentary falsification.

In particular, the interpretation provided by the Court emphasizes how the possession of a false passport constitutes the crime, regardless of whether the accusation for forgery is prosecutable or not. This underscores the importance of protecting public faith and the rigor in the fight against document forgery, irrespective of the origin of the forgery.

Conclusions

Judgment No. 24808 of 2023 represents a significant step in Italian jurisprudence concerning crimes of documentary falsification. It clearly establishes that the possession of a false identification document is punishable, even in the absence of the condition for proceeding. This judicial orientation is fundamental to ensuring greater protection of public faith and precisely delineating the responsibilities of those who commit such crimes.

Bianucci Law Firm