On the 22nd of September 2021, Decree-Law no. 127 of the 21st of September 2021 came into force, providing for the extension of the scope of application of the COVID-19 green certification.
In particular, from the 15th of October 2021 until the 31st of December 2021 (deadline for the end of the state of emergency) it is provided that either in the public sector and in the private sector:
• in order to access the workplace, personnel are obliged to possess and exhibit upon request the COVID - 19 green certification;
• staff without a green pass are considered to be unjustly absent until they present the aforementioned certification, without disciplinary consequences and with the right to retain their employment.
In the event of violation of the regulatory provisions on green passes, the Prefect shall apply an administrative sanction to the offender in the amount of €600.00 to €1,500.00.
In turn, employers are required to verify that employees are in possession of the green pass, identifying by October, the 15th 2021 the procedures for its verification and the persons in charge.
In case of violation of these obligations, the employer is punished with the administrative sanction of the payment of a sum ranging from € 400.00 to € 3,000.00 (it remains to be clarified whether the sanction refers to each unchecked employee).
The consequences are quite different in the event that a person forges a Green Pass or uses a forged Green Pass or one belonging to another person, since in such cases the criminal sanctions provided for in our legislation for such conduct will apply, namely:
• in the case of forgery of the Green pass, the offence referred to in Article 482 of the Italian Criminal Code is committed. (Material forgery committed by a private individual) which punishes a private individual who has falsified a certificate with imprisonment from four months to two years;
• in the case of the use of a forged Green pass, the user is punished for the offence of using a forged deed (Article 489 of the Italian Criminal Code) with imprisonment of between two months and two years;
• in the case of using another person's Green Pass, the user is punished for the offence of substitution of person (Art. 494 of the Penal Code) with imprisonment of up to one year.
