Fake green pass, is it a crime? What the law says

From 6 August the Green pass has become mandatory to be able to in some places such as swimming pools, gyms, bars and restaurants. Those who violate the obligation to exhibit the green certification can incur severe administrative penalties. But not only. For those who try to circumvent the limitations imposed by the Government, there is even the risk of having to face a full-blown criminal trial, laleggepertutti.it points out. But when is a crime committed? In principle, anyone who does not have a Green pass and goes to places that would be inhibited commits a violation of the law punished with a financial penalty. The same applies to the manager of the business or structure that should have carried out the checks, who also risks having to close his business for a few days. : catering services for consumption at the table, indoors; shows open to the public, sporting events and competitions; museums, other institutes and places of culture and exhibitions; swimming pools, swimming centers, gyms, team sports, wellness centers, also within accommodation facilities, for indoor activities; festivals and fairs, conferences and congresses; spas, theme and amusement parks; cultural centers, summer centers, social centers for indoor activities and with the exception of educational centers for children; gaming rooms, betting rooms, bingo halls and casinos; public competitions Green pass: how long is it valid? The Green pass has a different duration depending on the reason that justified its issue. For people who have completed the vaccination course, the certification is valid for 270 days (9 months) from the date of the last administration. For vaccination after the first dose, the certification is also issued at the same time as administration and is valid up to the maximum time for the next dose (42 days for Pfizer and Moderna, 84 days for Vaxzevria – formerly Astrazeneca). The Green pass obtained following a molecular or rapid antigen test is valid for 48 hours from the time of swab collection, while the green certification issued following recovery from Covid lasts 180 days (6 months). does not have a valid Green pass and still accesses certain premises or activities, risks penalties ranging from 400 to 1000 euros. Sanctions which, as anticipated, affect both the individual citizen and the operator or manager. Specifically, those who own a place and violate the obligation to check at least three times on three different days, could face the closure, from 1 to 10 days, of the entrepreneurial activity. law, found the deception. To get the Green pass there are those who are willing to violate the rules. Fraud is basically of two types: counterfeiting or buying a fake certificate; exhibit another person’s certification, posing as it. Then there is the possibility that those who sell false certifications also commit the crime of fraud. False green pass: what crime is it? Regarding the falsification of Green passes, the law says that the rules provided for by the Criminal Code regarding forgery committed by private individuals or public officials apply. This means that the citizen who falsifies a green certification risks incurring the crime of material forgery committed by the private individual. To be precise, since the Green pass is comparable to a certificate or an administrative authorization, the penalty is imprisonment from six months to three years, reduced by up to one third. Those who limit themselves to using a false Green pass without having taken part in the counterfeiting, still commit an offense (that of using a false document), but the penalties are further reduced by a third. Since these are offenses that can be prosecuted ex officio, anyone can report the false certification, both the control staff and any other individual. but only the QR code, the name and surname and the date of vaccination, recovery from Covid or the swab performed. Precisely for this reason it is difficult for the verifier to make sure that the identity is correct: the certifications may have been forged or exchanged. As explained today by Minister Lamorgese, the owner or manager of a club cannot ask for an identity document. But the administrative police, which will carry out random checks, can ask for it. Those who use the certification of others could be charged with the crime of substitution, punishable by imprisonment of up to one year. The typical scams of the scam are not necessary to have the crime of substitution of person. Therefore, who knows what machination is not necessary to pretend to be another individual. Therefore, showing the Green pass of others could be conduct in itself sufficient to trigger the crime of substitution. Green pass: is there a scam? In theory, the purchase and sale of counterfeit Green passes that the crime of forgery, even that of fraud. According to jurisprudence, the crimes of fraud and forgery can coexist, even when the forgery has been the tool to carry out the scam. However, in the hypothesis of use of a counterfeit Green pass, the crime of fraud does not seem to exist since, in order to have criminally prosecutable fraud, the action must be aimed at obtaining an unfair profit with damage to others. anyone who buys a green certification knows very well that he is committing an offense. Consequently, the buyer is not deceived by the seller, as both are violating the law.At most, scam can occur if the buyer, believing he is following the correct procedure for obtaining the green certification, acts in total good faith. and is therefore deceived by the seller who assures him that the Green pass he will receive is legal. A rather difficult hypothesis to be configured.

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