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

Judgment No. 24808 of January 18, 2023, represents an important ruling by the Court of Cassation concerning crimes against public trust, particularly the possession of forged identification documents. This decision offers significant insights for understanding the legal implications of such conduct and the conditions for prosecution required by law.

The Regulatory Context

The Court analyzed the case of G. B., accused of possessing a forged passport and complicity in the forgery of a document that occurred abroad. The central issue concerned the condition for prosecution provided for by Article 10 of the Criminal Code, which requires a request from the Minister of Justice to proceed in cases of forgery offenses. In this context, the Court clarified that, in the specific case, the absence of such a request does not preclude the commission of the crime under Article 497-bis, first paragraph, of the Criminal Code.

Possession of a forged identification document - Complicity in forgery committed abroad - Lack of the condition for prosecution under Article 10 of the Criminal Code - Offense under Article 497-bis, second paragraph, of the Criminal Code - Exclusion - Offense under Article 497-bis, first paragraph, of the Criminal Code - Configurability - Existence. The possession of a forged travel document - in this case, a passport - constitutes the offense under Article 497-bis, first paragraph, of the Criminal Code, where the charge of complicity in the prior forgery of the document, committed abroad, prosecuted under the second paragraph of the aforementioned provision, is not subject to prosecution due to the lack of the request from the Minister of Justice under Article 10 of the Criminal Code.

Implications of the Judgment

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

• The configurability of the offense of possessing forged documents, even in the absence of a request from the Minister of Justice.
• The distinction between the different types of offenses provided for by Article 497-bis of the Criminal Code.
• The role of jurisprudence in interpreting norms concerning document forgery.

In particular, the interpretation given by the Court emphasizes that the possession of a forged passport constitutes a crime, regardless of whether the charge for the forgery is subject to prosecution or not. This highlights the importance of protecting public trust and the rigor in combating document falsification, irrespective of the origin of the forgery.

Conclusions

Judgment No. 24808 of 2023 represents a significant step in Italian jurisprudence concerning document forgery offenses. It clearly establishes that the possession of a forged identification document is punishable, even in cases where the condition for prosecution is lacking. This jurisprudential trend is fundamental to ensuring greater protection of public trust and to precisely defining the responsibilities of those found guilty of such crimes.