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Embezzlement: Analysis of the Supreme Court Ruling on the Role of the Notary

The recent ruling no. 33856 of September 5, 2024, by the Supreme Court provides significant insights into the crime of embezzlement, particularly regarding the figure of the notary and their responsibilities in the tax field. The defendant, A.A., was convicted for having appropriated sums of money intended for the payment of registration tax, a behavior that raised complex legal questions of great relevance to the notarial profession.

The Case of A.A. and the Role of the Notary

In the case at hand, the notary A.A. was accused of embezzlement for having retained sums intended for the payment of taxes on notarial deeds. The Court of Appeal of Palermo confirmed the conviction, arguing that the notary, in their capacity as a public official, has the obligation to pay such sums to the treasury. However, the defense contested this interpretation, arguing that the notary did not act as a public official at the time of the tax payment, but only during the drafting of the deed.

Legal Issues Raised

The Supreme Court reiterated that the notary is responsible for the payment of registration tax, jointly with the parties, for the notarized deeds, confirming their qualification as a public official.

The ruling addresses several legal issues, including:

  • The qualification of the notary as a public official during the fulfillment of tax obligations.
  • The objective element of the crime of embezzlement, particularly the inversion of possession of the sums.
  • The principle of ne bis in idem, in relation to administrative sanctions already imposed.

The Court clarified that the public function of the notary does not end with the drafting of the deed, but also extends to tax obligations, thus making the crime of embezzlement applicable in cases of appropriation of sums received for that purpose.

Conclusions

The ruling in question represents an important reminder for all professionals in the notarial sector. It emphasizes the necessity for careful management of the sums received for tax payments, highlighting how the violation of such obligations can lead to significant criminal consequences. It is essential that notaries fully understand their responsibilities and always act in compliance with current regulations, avoiding behaviors that could constitute the crime of embezzlement.