generale, come non può esservi falsità per alterazione quando, malgrqdo questa, la scrittura continua a presentare 'quod actum est'”300. Arabia301 likewise says: "So that there can be the crime of forgery it is necessary that the writing made or inserted in the act or register alters the truth contained in it. If the writing nothing adds or takes away, there would be no crime; this not because there would not be the 'alterius praeiudicium' according to the mistaken theory of French jurists, which prejudice, in the forgery of public documents, is presumed; but because there cannot be criminal forgery where there is no alteration of the truth". 2. Fraudulent Alteration of Act by Public Officer
Section 188 deals with the crime of any public officer or servant who, in drawing up any act within the scope of his duties, shall fraudulently alter the substance or the circumstances thereof, whether by inserting any stipulation different from that dictated or drawn up by the parties, or by declaring as true what is false or as an acknowledged fact a fact which is not acknowledged as such. The ingredients of this crime are: (a) the status of public officer or servant in the agent (b) the falsification must concern an act falling within his official duties (c) the falsification must be in the manner specified in the section, so as fraudulently to alter the substance or the circumstances of the act. There is alteration of the substance of an act when this as a whole expresses, on account of the forgery, something different from the truth, e.g., the parties wanted to contract a sale, but the notary writes down a donation; the parties intended to have a power of attorney to receive an annuity, but the notary draws up a power to assign the same. There is alteration of the circumstances when the falsification refers to some particular or part only of the act: e.g., the notary draws up the will which is dictated to him by the
300
Roberti, op. cit., p. 110
301
Op. cit., p. 159
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