Ideological Falsehood in Covid-19 Self-Certifications: Commentary on Judgment No. 35276 of 2023

The recent judgment No. 35276 of May 31, 2023, by the Court of Cassation offers important clarifications regarding the configurability of the crime of ideological falsehood in relation to self-certifications required for the containment of Covid-19 contagion. In an ever-evolving legal context, it is crucial to understand the legal implications of such declarations and their significance within the Italian regulatory landscape.

The Legal Context of Self-Certification

Self-certification, as provided for by Presidential Decree 28/12/2000 No. 445, is a tool that allows citizens to attest to facts and situations without the need to submit official documents. However, the mendacious completion of such documents can lead to significant legal consequences. The judgment under review clarifies that ideological falsehood can be established even in the absence of a self-incriminating report, contrary to what some procedural principles suggest.

Analysis of the Judgment and the 'Nemo Tenetur Se Detegere' Principle

One of the salient points of the judgment is the affirmation that, in cases of mendacious completion of a self-certification, the procedural principle of 'nemo tenetur se detegere' (no one is obliged to incriminate themselves) does not apply. This principle, which protects the right against self-incrimination, is not applicable because self-certification represents a declaration of purely administrative relevance. This means that, while the declaration may lead to verifications of its truthfulness, it does not constitute a direct report against the individual.

Self-certification required for the containment of Covid-19 contagion - Mendacious completion - Ideological falsehood committed by a private individual - Configurability - Possibility - Applicability of the procedural principle of 'nemo tenetur se detegere' - Exclusion - Reasons. In the case of mendacious completion of self-certification required for the containment of Covid-19 contagion, the crime of ideological falsehood committed by a private individual is configurable, as the procedural principle of 'nemo tenetur se detegere' does not apply, it being a declaration of purely administrative relevance that does not constitute a report against oneself and to which only eventual verifications regarding the truthfulness of what is attested therein may follow.

Practical Implications and Conclusions

Judgment No. 35276 of 2023 represents an important legal precedent concerning self-certifications and ideological falsehood. It is crucial for citizens to understand the legal responsibilities associated with completing such documents, especially in a period where the health emergency has made these practices common. In conclusion, clarity on these legal aspects is fundamental to ensure the correct use of self-certification and to avoid unwanted legal consequences.