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 a significant step in defining the legal nature of the attendance register for individuals admitted to perform public utility work. In particular, the Court confirmed that such a register qualifies as a public document, with evident implications regarding the validity and reliability of attestations in cases of document forgery.

Context of the Judgment

The decision stems from a case where the defendant, M. A., was accused of falsifying the attendance register within the context of a probation proceeding. The Court of Appeal of Turin, upholding the conviction, emphasized that the register in question, established based on Ministerial Decree (D.M.) June 8, 2015, No. 88, is essential for analytically attesting to the calculation of hours worked by the defendant.

Probation - Attendance register of a person admitted to public utility work - Nature - Public document - Reasons. In matters of document forgery, the attendance register of a person admitted to perform public utility work within the scope of a probation proceeding is considered a public document, as D.M. June 8, 2015, No. 88 expressly provides, in Article 3, that such a register be established to analytically attest to the calculation of hours of work actually performed by the defendant.

Legal Implications

The judgment highlights several crucial aspects:

• The attendance register, being a public document, is considered proof of truth in itself, unless proven otherwise.
• The falsification of such a document carries significant criminal consequences, as it can alter the perception of the defendant's fulfillment of obligations.
• The definition of a public document is linked to provisions of the Criminal Code, particularly Articles 476 and 168 bis, which govern forgeries of public documents.

Conclusions

Judgment No. 13774 of 2024 not only clarifies the legal nature of the attendance register for public utility work but also reiterates 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 current regulations. It is essential that all parties involved in the probation proceeding understand the importance of correctly managing such registers to ensure compliance with laws and respect for defendants' rights.