Notarial Dictionary

The notarial dictionary is a section of the website that allows you to know in detail the definition of all the terms related to the activity that takes place in an entity of this type. The Notary Bosch-Bages of Barcelona wants with this page to facilitate the knowledge of the most important concepts related to Notary services.

TweetFalsehood of the public instrument

Any alteration of the truth of the public document that has been caused with intent on the part of the causal party is understood as falsehood. The falsehood can be Civil and Criminal. A false document is considered null by law, as it is a non-legal document.


For the crime of criminal misrepresentation of the public instrument to occur, a series of requirements must be met: 
    1. In fact: alteration of the truth in a notorious way of the public instrument, provided that the falsified can pass as true. 
    2. In form: The alteration of the content is carried out by a form assessed in article 308 of the Penal Code, which includes ideological falsehood and material falsehood. 
    3. Subjective: The public official must act with fraud and wanting to cause harm by abusing his position or office. 
    4. Objective: It is a transcendent action. The act or omission of a criminal activity shall be a crime, even without causing harm to the third party, since, as the Supreme Court indicates, the act or omission itself, already "consists of a serious breach of the public interest and of the security and protection guarantees that the services  and official acts offer citizens in their relationship life". 


Tags: Public instrument.

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