Analysis of Judgment No. 38740 of 2023: Instantaneous Nature of the Offense of Using a Forged Document

The recent judgment of the Court of Cassation No. 38740 of June 28, 2023, offers an important reflection on the nature of the offense of using a forged document, clarifying some fundamental aspects regarding its consummation and its legal consequences over time. The Court reiterated that the crime in question is to be considered instantaneous and not permanent in nature, being exhausted at the moment the forged document is used. This legal principle is relevant not only for the definition of the offense but also for its potential extinction due to the statute of limitations.

The Instantaneous Nature of the Offense of Using a Forged Document

According to the Court's ruling, the crime of using a forged document is consummated at the precise moment the document is used. This implies that, once the act is committed, there are no further legal effects that can prolong the permanence of the offense. This concept is essential for understanding how the law is applied and for calculating the statute of limitations periods.

Instantaneous nature of the offense - Protraction of effects over time - Relevance - Exclusion - Factual case. The crime of using a forged document is instantaneous and not permanent, as its consummation is exhausted with the use, while the protraction of the effects produced by it over time represents the result of the criminal action. (Factual case in which the Court deemed the challenged judgment, which declared the offense extinguished by the statute of limitations by identifying the moment of its consummation in the publication of the forged holographic will and deemed subsequent conduct related to the "status" of heir irrelevant, to be free from censure).

This summary highlights how the protraction of the effects of a forged document, as in the case of a holographic will, does not affect the consummation of the offense itself. The Court therefore confirmed the extinction of the offense due to the statute of limitations, emphasizing that the moment of consummation is to be identified with the moment of publication of the forged document.

Legal Implications and Regulatory References

Pursuant to Article 489 of the Italian Penal Code, the use of forged documents is severely punished, but the judgment under review clarifies that the legal relevance of such an act must be examined in relation to its consummation. The statute of limitations, governed by Article 158 of the Italian Penal Code, therefore becomes crucial in determining whether an offense can be prosecuted over time.

• The offense of using a forged document is exhausted with its use.
• The protraction of effects does not constitute a continuous offense.
• The statute of limitations applies if the offense has already been consummated.

These considerations not only reflect previous case law but also highlight the need for a critical and attentive approach in evaluating offenses against public trust.

Conclusions

Judgment No. 38740 of 2023 represents an important reference point for lawyers and legal professionals, as it clarifies the boundary between the consummation of the offense of using a forged document and the legal effects that arise from it. Understanding the instantaneous nature of this offense is fundamental not only for the correct application of the law but also for ensuring fair and timely justice. Legal professionals must always be updated on such rulings to better defend the rights of their clients.