Criminal liability of a notary public pursuant to Art. 231 Penal Code in the case of carrying out a notarial act with a person incapable of such act

Abstract

The article is devoted to the notary’s criminal liability under Art. 231 of the Penal Code, with particular emphasis on the case of conducting a notarial act with a person incapable of such act. A synthetic outline of the legal framework and premises of the notary’s criminal liability for an incorrect assessment of the state of awareness of the party is aimed not only at systematizing the presented issue. It also makes it possible to see a significant similarity between the standard of professional due diligence of a notary public in terms of this assessment and the standard of a prudent driver who must maintain limited trust in other road users in the face of an unusual situation on the road.