Abstract

PRADO-CHIRIBOGA, Guido Xavier; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Criminal liability of notaries for ideological falsehood in public deeds in Ecuador. Noesis [online]. 2025, vol.7, n.esp2, pp.703-721.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.613.

The article examines the criminal liability of notaries in Ecuador for ideological falsehood in public deeds. Recognizing their role as custodians of public trust, it analyzes the classification of forgery and the use of false documents under the COIP, distinguishing between material and ideological falsehood. Through a qualitative approach and review of legal doctrine, regulations, and case law, the study explores when notaries may be held criminally responsible for including or permitting false statements in public documents, and when their liability is merely administrative due to being misled. The findings indicate that notaries are criminally liable when they actively participate in falsification or distort the document’s meaning. However, if deceived by third parties, their responsibility is primarily administrative. The article emphasizes the importance of strengthening oversight mechanisms and fostering collaboration between authorities and notarial associations to safeguard the authenticity of public documents and maintain public confidence in the notarial system.

Keywords : Crime; notary public; notary; ideological falsehood; criminal law..

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