Language Switcher Fallback

The civil-law notary and the 'Klimop' case

In February 2015, the notorious 'Klimop' case against a civil-law notary (now no longer in office) came to appeal. In its judgement, the appellate court stated that the civil-law notary:

"had knowingly and wilfully made his trust account available to his fellow suspects for the considerable remuneration of over €450,000 to facilitate a money flow that he knew to be of criminal origin. His intermediation not only concealed and veiled the nature and origin of this money flow, but also lent the money a semblance of legitimacy (because of the trust society at large has for the office of civil-law notary). […] In addition, the suspect failed to report an unusual transaction in the 126 project, though he had the duty to do so, and drew up a fraudulent sales agreement.”

The judgement left little room for any differences of interpretation. In addition to the serious crime of money laundering, the appellate court also held the failure to report unusual transactions strongly against the civil-law notary. The appellate court found the criminal offences committed in relation with a civil-law notary’s special position of trust so severe, that its sentence was much higher than what the Public Prosecution Service had demanded. The former civil-law notary was sentenced to four years’ imprisonment.