Self-certifications in school for teachers and ATA: what they should include, school obligations, criminal liability. GUIDE

We give our readers a focus dedicated to the instrument of self-certification, also known in legal terms as “substitutive statements about certifications” and “substitutive statements about the notoriety”.

The use of certifications is frequent in the school environment, both by the teaching staff and ATA, both by students and families and by third parties who come into contact with the school. We try to understand what it is, when it is possible to use them, and the responsibilities related to what is declared, remembering the legislation laid down.

The reference standards.

The self-certification tool has an important purpose in simplifying the administrative activity and in particular the relations between users and the public administration.

The discipline is contained in DPR 28 December 2000, n. 445 “Consolidated text of legal and regulatory provisions on administrative documentation”.

The art. 46 provides that: “The following states, personal characteristics and facts are proved by declarations, including contextual applications, signed by the interested party and produced in place of the normal certifications:

(a) date and place of birth;

b) residence;

c) citizenship;

d) the enjoyment of civil and political rights;

e) unmarried, married, widowed or free state;

f) family status;

g) existence in life;

h) the birth of the child, the death of the spouse, ascendant or descendant;

(i) registration in registers, in lists kept by public authorities;

l) membership of professional associations;

m) educational qualifications, passed exams;

(n) professional qualifications, specialization, qualifications, training, refresher and technical qualifications;

o) income or economic situation also for the purpose of providing benefits of any kind provided for in special laws;

(p) fulfillment of specific contribution obligations, indicating the amount paid;

q) possession and number of the tax code, the VAT number and all data contained in the tax register;

r) state of unemployment;

s) pensioner status and pension category;

t) student status;

u) capacity as legal representative of natural or legal persons, guardian, trustee and the like;

v) registration in associations or social associations of any kind;

(z) all situations relating to the fulfillment of military obligations, including those certified in the record of the State of service;

(aa) that I have not received any criminal convictions and that I am not the recipient of provisions on the application of precautionary and preventive measures, civil decisions and administrative measures recorded in the criminal record in accordance with applicable law;

bb) not to pay attention to being subjected to criminal proceedings;

cc) quality of life dependent;

dd) all information directly known to the interested party contained in the civil status registers;

ee) not to be in liquidation or bankruptcy and not to have filed a composition application.

The self-declarations have the same temporal validity as the deeds they replace.

Substitute statement on the deed of notoriety.

These statements, on the other hand, relate to statuses, personal characteristics or facts which are directly known to the interested party. The statement made in the reviewer’s own interest may also relate to the status, personal characteristics and facts regarding other topics of which he is directly aware.

This type of self-certification must always be used in relation to the public administration, except in cases specifically provided for by law. They therefore constitute the common method of certification.

The self-declarations have the same temporal validity as the deeds they replace.

School fulfillment.

The schools prepare the forms necessary for the preparation of the declarations of compensation, which the interested parties are entitled to use. In the forms for filing claims for damages, administrations insert the reference to the criminal sanctions under Article 76 for the hypothesis of forgery of documents and false declarations set out therein. The form also contains the information mentioned in Article 10 of Law No 3175 of 31 December 1996.

These models should be made available to users through hard copies in the secretariat offices, but also through publication on the school institution’s website in word or pdf format.

In addition, schools must verify what is declared in the self-certifications, check the accuracy of the certifications within a reasonable time. In this respect, the processing authorities are in fact obliged to carry out appropriate checks, also on a random basis, in relation to the risk and extent of the benefit, and in case of reasonable doubt as to the veracity of the declarations, even after payment of the benefits at least denominated for which the statements have been made.

Criminal liability.

The above statements are considered to have been made to a public official.

Anyone who makes false statements, prepares false documents or uses them in the cases mentioned in this consolidated law is punished under the Penal Code and special laws thereon.

It is possible to integrate the crime that art. 483 of the Penal Code “Ideological falsity committed by the private in public action “: Anyone who erroneously certifies to the public official in a public act facts of which the act is intended to prove the truth is punishable by imprisonment for up to 2 years.

In the case of false certificates in civil status registers, imprisonment may not be less than three months.

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