Falsification of COVID-19 Report: The Court of Cassation and the Nature of Public Act (Judgment no. 30766/2025)

The pandemic has highlighted the crucial importance of the authenticity of health documents. With judgment no. 30766 of September 15, 2025, the Court of Cassation clarifies the legal nature of COVID-19 medical reports and the criminal consequences of their alteration. A fundamental ruling for public trust.

The Case: Falsification for the Green Pass

The case involved Mr. F. M., accused of altering a COVID-19 molecular test report to obtain the "green pass." The Court of Appeal of Ancona had classified the offense as material falsification of a public act. The Court of Cassation, declaring the appeal inadmissible, confirmed this orientation, establishing a relevant principle for the protection of public trust.

The act of altering a medical report concerning a molecular test attesting to the patient's positivity to the SARS-CoV-2 virus constitutes the crime of material falsification by a private individual in a public act, as per articles 476 and 482 of the Italian Penal Code. This is because the diagnosis contained therein possesses privileged evidentiary value, being intended for the certification of a situation falling within the knowledge of the certifying public official, which also has external legal relevance beyond mere health or therapeutic indication. (Case concerning conduct aimed at the issuance of the so-called "green pass," necessary for travel within the territory during the COVID-19 pandemic emergency regime).

This maxim from the Supreme Court is decisive. It classifies the alteration of a COVID-19 report as the crime of material falsification of a public act (arts. 476 and 482 of the Italian Penal Code). The "privileged evidentiary value" of the diagnosis is central: the report is not a mere private document, but a certification ascertained by a public official (doctor or technician) that produces external legal effects, such as the issuance of the Green Pass, enjoying a presumption of truth and being equated to a public act.

Implications of Falsification of a Public Act and Consequences

Articles 476 and 482 of the Italian Penal Code sanction material falsification of a public act. A medical report becomes a "public act" when it proves facts ascertained by a public official and has external relevance, as in the case of the Green Pass. The alteration of such documents damages public trust, meaning collective confidence in the authenticity of official documents. The consequences are severe:

• **Criminal risk:** Imprisonment.
• **Damage to public trust:** Compromise of confidence in certification systems.
• **Health risk:** Contribution to the spread of the virus.

Conclusions: Responsibility and Protection of Public Trust

Judgment no. 30766/2025 of the Court of Cassation reiterates the indispensability of the integrity of official documents. A medical report with a certifying function and external legal effects is a public act. Individual conduct, especially when it affects collective health and safety, must comply with regulations. Our law firm offers assistance in matters of crimes against public trust.