Penal Code for false self-certification

Article. 316 ter of the Criminal Code punishes any person through the use or presentation of false or incomplete statements or documents proving things that are not true, or through the omission of required information, unjustly obtains for himself or for others, grants, loans, loans or other funds of the same type, however named, granted or issued by the State, other public bodies or the European Community.

When the benefit is less than 3999 euro's conduct is not a crime.

It is therefore very important to distinguish the present case from that of the scam: unless so is the case, the fact is punished more lightly, for the facts of low value even not by criminal law.

In fact, the two cases are at first a certain similarity: there is a false conduct or omission that causes a damage to disburse utilities.

The Supreme Court notes that, for there to scam you must:

a) a deception;

b) an error of the victim;

c) a damage of the latter and a profit of the agent.

For real, the last two elements occur also in the case of the murder of art. 316 ter.

It follows that the scam does not occur, but only the administrative or criminal violation of art. 316 ter, only if defects artifice, or deception, or the public will be misled.

Surely there is no trickery or deception in the event that the self is not only misleading but reticent, they can choose whether or not when the self-certification affirms positively false circumstances, provided that the simple lie is not enough.

The Court considers that the point the judge should be explicitly motivate why in practice resorted trickery or deception.

Less space seems to leave the situation where there is deception, there is the provision, but the error defects entity that provides the compensation.

In fact, because the provision is improper but the scam has not misled requires that the official should have perceived the truth behind the lie but also provided the amount in dispute (realtive hypothesis that seems farfetched).

(Criminal Cassation Judgment 23/02/2011, n. 6915)

Source: IPSOA

Source: Article. 316 ter of the Criminal Code punishes any person through the use or presentation of false or incomplete statements or documents proving things that are not true, or through the omission of required information, unjustly obtains, for if 'or others, grants, loans, subsidized loans or other funds of the same type, however named, granted or issued by the State, other public entities or the Communities' European.