La responsabilidad penal del notario en el otorgamiento de escrituras públicas de personas incapaces.

Abstract

The criminal liability of notaries is a legal matter that requires dogmatic and normative analysis with greater adherence to current reality, which is due to new modalities of notarial activity that necessitate a revision of the statement of criminal offenses that may be committed in the performance of their duties. This research undertook to analyze how their conduct should be in cases involving the granting of public deeds in which persons with absolute incapacity participate. The main objective was proposed as follows: To analyze the current legal framework in the COIP regarding the criminal liability of notaries in the granting of public deeds to persons with absolute incapacity. It must be considered that persons with incapacity are vulnerable and may be used in the granting of deeds for fraudulent purposes. This research conducted a qualitative study of exploratory and descriptive scope through the review of theories that substantiated the criminal liability of notaries within the determined context. It also analyzed how this problem may be exacerbated by the incursion and future implementation of telematic notarial services. As results, it was possible to recognize that the incorporation of necessary elements in the criminal classification of this offense in relation to the attributions of the notary and the determination of their criminal liability in the legal system may contribute in a preventive and deterrent manner to the exercise of their functions, considering the granting of public faith to acts that are entrusted to be incorporated in the respective protocols of public deeds.