Articles | Open Access | DOI: https://doi.org/10.37547/tajssei/Volume05Issue05-08

DUTIES AND LIABILITIES OF NOTARIES AS PUBLIC OFFICIALS IN CRIMINAL LAW

Shinukesuma , Director Of Public Prosecution Republic Of Indonesia, Indonesia

Abstract

Notaries are public officials who play a crucial role in the legal system by attesting to the authenticity of documents and administering oaths. However, their position of trust also comes with certain duties and liabilities, especially in the context of criminal law.One of the primary duties of notaries in criminal law is to verify the identity of the parties involved in the transaction and ensure that they are acting of their own free will. They must also ensure that the documents being notarized are legal and do not violate any laws or regulations. Failure to perform these duties can result in criminal liability for the notary.Notaries may also be held criminally liable for knowingly or recklessly notarizing false or fraudulent documents, or for intentionally falsifying information in a document. In some cases, notaries may be held liable for aiding and abetting criminal activities, such as fraud or money laundering, if they are found to have knowingly assisted in the commission of such crimes.

Keywords

Duties, notaries, criminal law

References

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• American Bar Association. (2018). The Notary Public's Role in Preventing Fraud and Ensuring Proper Execution of Documents

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• National Notary Association. (2021). The Notary's Role in Preventing Elder Financial Abuse

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• Office of the Secretary of State of Texas. (2021). Notary Public Handbook

• Secretary of State of Indiana. (2021). Notary Public Guidebook

• California Secretary of State. (2021). Notary Public Handbook

• Notary Public Association of Oregon. (2021). Notary Liability Insurance.

• Pennsylvania Department of State. (2021).

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Shinukesuma. (2023). DUTIES AND LIABILITIES OF NOTARIES AS PUBLIC OFFICIALS IN CRIMINAL LAW. The American Journal of Social Science and Education Innovations, 5(05), 44–47. https://doi.org/10.37547/tajssei/Volume05Issue05-08