Questione giuridica chiave
Whether sham company formations with temporary payment of share capital and later withdrawal amount to multiple obtaining of false certification under Art. 253 StGB.
Decisione estratta
Yes. The public deed and commercial register entry certified not only the declarations but also their truth; because the capital was only seemingly paid in and immediately withdrawn, the certified facts were false.
Motivazione estratta
Public certification and the commercial register enjoy heightened evidentiary value. If founders from the outset intend to withdraw the capital after incorporation, the notary and register officer are deceived as to the true availability of the capital to the company.