A LEGAL APPROACH TO EXEMPTING THE REAL ESTATE REGISTRAR FROM CRIMINAL LIABILITY FOR SIGNING THE LAND REGISTER

Povzetek

This article addresses the idea of exempting the real estate registrar from criminal liability arising from signing the land register, which was prepared by a subordinate official falsifying the truth in one of the stages involved. The criminal liability that could be pursued against the real estate registrar as a result of signing is based in law and is presumed in light of the authority vested in them over the acts of subordinates and their administrative oversight of the real estate registry service responsible for issuing the land register. However, this criminal liability conflicts with the principle of personal responsibility for punishment.

The study concludes by offering realistic justifications for exempting the real estate registrar from criminal liability. These are reflected in the registrar’s lack of concentrated power, the adoption of the specificity of activity criterion, and the limitation of public prosecution procedures against him. It also includes the distribution of liability between the registrar and the other responsible parties. Additionally, the paper provides legal justifications within the limits of personal and objective criteria, based on conditions such as good faith and administrative oversight through verification and inquiry within the framework of hierarchical authority. Finally, it considers signing to be the performance of a duty rather than an exercise of authority, thus placing it within the scope of objective grounds for justification.