Judgment No. 49686 of 2023: Analysis of the Offense of False Declarations in Citizen's Income

The recent judgment No. 49686 of July 13, 2023, issued by the Court of Cassation, offers significant insights for a better understanding of the regulations concerning citizen's income and the legal consequences arising from false declarations. In particular, this decision focuses on Article 7 of Decree-Law No. 4 of 2019, converted into Law No. 26 of 2019, which punishes false or omitted information provided in self-declarations to obtain this economic benefit.

Context of the Judgment

According to the judgment, the offense referred to in Article 7 is constituted only when the false or omitted information is instrumental in obtaining a benefit to which one is not entitled or an amount greater than that provided by law. This aspect is fundamental, as it establishes a clear link between the illicit action and the actual unjustified gain. The Court therefore emphasized that not all irregularities in self-declarations necessarily constitute an offense, but proof of fraudulent intent on the part of the declarant is required.

Offense under Article 7 of Decree-Law No. 4 of 2019, converted, with amendments, into Law No. 26 of 2019 - Omitted or false indications of data reported in the self-declaration aimed at obtaining citizen's income - Relevance - Conditions. The offense under Article 7 of Decree-Law No. 4 of January 28, 2019, converted, with amendments, into Law No. 26 of March 28, 2019, is constituted by omitted or false indications of information contained in the self-declaration aimed at obtaining citizen's income only if instrumental in obtaining a benefit to which one is not entitled or a benefit in an amount greater than that provided by law.

Legal Implications

This judgment has significant legal implications for those applying for citizen's income. It is essential for applicants to provide truthful and complete information, as a lack of transparency can lead to criminal penalties. The Court of Cassation, confirming the principle already established in previous decisions, reiterated the importance of a strict interpretation of the rules to ensure the protection of the welfare system and prevent fraud.

• Necessity of providing accurate information in self-declarations.
• Possibility of incurring criminal offenses for false or omitted declarations.
• Importance of verification by the competent authorities.

Conclusions

Judgment No. 49686 of 2023 represents an important step in the fight against fraud in the citizen's income system. It clarifies that the offense is constituted only in the presence of fraudulent intent and emphasizes the need for a clear correlation between the falsity of the declarations and the economic advantage obtained. For citizens, this means it is crucial to be scrupulous and transparent when completing self-declarations to avoid serious legal consequences.