A self-certification is a written statement that a person draws up and signs, in his/her own interest, on conditions, facts and personal qualities and that is used in relations with the public authorities and with the managing bodies of public services.
The rules on self-certification apply to citizens of Italy and of the European Union, as well as to citizens of non-EU countries living regularly in Italy, in limitation to the information that is verifiable or certifiable in Italy by public entities.
The possibility of using self-certification is never allowed for: medical, health, veterinary, origin, EC conformity, trademark or patent certificates.
The Administrations are required to carry out the necessary verifications in case of doubt regarding the veracity of the self-certifications.
False statements and false acts are punished in accordance with the Penal Code and the relevant special laws (Art. 76 DPR No. 445/2000). Furthermore, the declarant shall forfeit any benefit which may be obtained through measures based on untrue statements.
Declaration and statement in lieu of a certificate
In accordance to Art. 46 of the Presidential Decree no. 45/2000, the following conditions, personal qualities and facts can be substantiated by means of a declaration:
- date and place of birth;
- capacity to exercise civil and political rights;
- unmarried, married, widower o single status;
- family status;
- certificate of existence;
- birth of a child, death of a spouse, of an ascendant or descendant;
- enrollment in registries, lists kept by public administrations;
- memberships to boards or professional associations;
- education qualifications, study credits;
- professional qualification, specialization, licensing, training, technical and upgrade in qualification;
- income or financial situation also for grants of benefits of any kind provided for by special laws;
- fulfilment of specific contribution obligations with a mention of the amount paid;
- ownership of fiscal code and number, VAT code and any data present in the tax registry archive;
- unemployment status;
- pensioner status and pension category;
- student status;
- legal representative status of natural or legal persons, guardianship, curatorship and the like;
- membership to associations;
- all situations pertaining to fulfilment of military obligations, including ones certified in the service record;
- to have no reported criminal convictions and to not be subject to any measures concerning the application of preventive measures, civil decisions and administrative measures present in the criminal record in accordance with current legislation;
- to not being aware of being subject to criminal proceedings;
- dependent family members;
- all information directly known about the subject relating to civil status present in registries;
- not being in the state of winding up or bankruptcy and not having applied for settlement.
The declaration and statement in lieu of a certificate, referred to in art. 46 of the Presidential Decree no. 45/2000, may be signed in the presence of an Officer or submitted or sent previously signed, provided that it is accompanied by a copy of a valid identity document of the declarant.
Declaration in lieu of a Notarial deeds/ Affidavit
The DPR n. 445/2000 includes, at art. 47, the possibility of resorting to declaration in lieu of a notarial deed or affidavit, namely statements concerning conditions, facts and personal qualities that do not fall among those, self-certifiable, provided by art. 46.
It is possible for example, to present a declaration in lieu of a notarial deed or affidavit to declare: the heirs, origin of family situation or property ownership.
The declaration made in the interests of the declarant may also be made regarding conditions, personal qualities and facts relating to other of direct knowledge, but also the conformity with the original of copies of documents or records kept or issued by a public authority, copies of publications, copies of educational or service qualifications, or copies of fiscal documents which must be kept by private persons.
The declaration in lieu of a notarial deed or affidavit may not contain expressions of will (commitments, renunciations, acceptances, powers of attorney) nor proxies constituting another proxy.
The declarations in lieu of notarial deeds or affidavit, referred to in art. 47 of the Presidential Decree No. 45/2000, may be signed in the presence of an Officer or submitted or sent previously signed, provided that they are accompanied by a copy of a valid identity document of the declarant.