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Analysis of Italian Legislation on Possessing and Using Fake Identification

In Italy, the possession and use of fake identification are addressed under the "Codice Penale Italiano" (Italian Penal Code), specifically within the provisions that tackle offenses against public faith, including the falsification of documents and identities.

Key Provisions:

  1. Falsification and Use of Documents (Art. 476-479 Codice Penale):

    • The Italian Penal Code criminalizes the forgery of public, state, or authenticated private documents. This includes making or using false documents. Severe penalties are prescribed for those who create or use such documents with the intent to deceive.

  2. Possession of Equipment for Producing Fake Documents (Art. 497 Codice Penale):

    • It is a criminal offense to possess any equipment intended exclusively for the production of false public or private documents.

  3. Identity Fraud (Art. 494 Codice Penale):

    • The Penal Code also covers the impersonation of someone else by using their personal data or documents to commit further crimes or to deceive others, which is punishable under Italian law.

Penalties:

The penalties for these offenses can range from monetary fines to several years in prison, depending on the severity of the act and the specific circumstances, such as the intent to commit further crimes using the falsified documents. Being in possession of fake IDs alone does not appear to warrant prosecution if there is no intent to deceive, procure advantage or cause harm.

These laws are part of Italy's broader efforts to maintain the integrity of personal and public documentation and to combat fraud and related criminal activities effectively.

For the most accurate and comprehensive information, legal professionals and individuals should consult the latest version of the "Codice Penale Italiano" available through official sources like the Gazzetta Ufficiale or legal databases such as Altalex and WIPO Lex.

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