Judgment No. 32763 of 2024 on the Citizen's Income: False Statements and Irregular Signatures

The issue of false declarations in applications for public benefits is always highly relevant. The recent Judgment No. 32763 of 2024 by the Court of Cassation offers important clarifications regarding the legal consequences of incorrect information provided in applications for the citizen's income. In particular, the judgment focuses on the configurability of the crime of false attestation, highlighting the signing methods required by current regulations.

Regulatory Context

The judgment analyzes the case of an application for the citizen's income submitted electronically to INPS, but not signed as required by Article 65, paragraph 1, of the Digital Administration Code (Legislative Decree of March 7, 2005, No. 82). This article clearly establishes the validation methods for electronic communications, requiring a digital signature or a signature otherwise compliant with the provisions.

• Article 7, paragraph 1, of Law Decree No. 4 of 2019, converted into Law No. 26 of 2019: governs false declarations in subsidy applications.
• Article 65, paragraph 1, of Legislative Decree No. 82 of 2005: regulates the signing of digital applications.
• References to previous case law that have dealt with similar issues, highlighting a consolidated trend.

The Ruling's Headnote

False information provided in the application for the citizen's income - Application not signed in the manner prescribed by Article 65, paragraph 1, of the Digital Administration Code - Crime under Article 7, paragraph 1, of Law Decree No. 4 of 2019, converted into Law No. 26 of 2019 - Configurability - Reasons. The crime under Article 7, paragraph 1, of Law Decree of January 28, 2019, No. 4, converted, with amendments, into Law of March 28, 2019, No. 26, is constituted by the false attestation contained in an application submitted electronically to INPS for the purpose of obtaining the citizen's income, which is not signed in the manner prescribed by Article 65, paragraph 1, of Legislative Decree of March 7, 2005, No. 82 (so-called Digital Administration Code), given that the irregular signature, by not rendering the request non-existent, does not preclude it from producing the effect of the subsidy disbursement.

The Court held that the lack of a proper signature does not render the application inadmissible, but rather qualifies it as a legal act that can still produce effects, such as the disbursement of the citizen's income. This interpretation raises important questions regarding criminal liability and the consequences of false statements.

Conclusions

In conclusion, Judgment No. 32763 of 2024 underscores the importance of the correct signing of electronic applications, highlighting the criminal liability of those who provide false information. It is therefore essential for citizens to be fully informed about the procedures for submitting applications to avoid penalties and legal consequences. Case law continues to evolve in this area, and awareness of current regulations is crucial for ensuring the proper management of bureaucratic procedures.