The Santiago Court of Appeals has ordered the removal of Álvaro González, the head of the capital’s 42nd Notary Office, after confirming that he allowed public deeds to be forged in his office. This disciplinary action concludes a process that had previously included a sixty-day suspension for the attorney.
The ruling, issued on Friday, April 10, states that the notary failed to perform his basic duties on at least eight occasions. According to the magistrates, González did not personally verify the identities of the parties involved, which allowed third parties to forge signatures and carry out illicit acts under his official seal.
Internal control deficiencies
The court noted that González’s management lacked standardized protocols and effective oversight. The judges pointed out that this lack of supervision created an environment conducive to criminal activity within the office.
“Mr. González’s behavior reveals a level of poor performance that is at odds with the discipline and diligence required of officers of the justice system,” the ruling states. The text adds that the notary fell short of the standards expected of a public official, demonstrating conduct that was “negligent and irresponsible.”
The judges were emphatic in their assessment that the repetition of these offenses over several years demonstrates a structural inability to hold the position. “The facts demonstrate a lack of aptitude to continue in said ministry,” the judicial document concludes.
Although the Court of Appeals' decision is definitive, the process is not yet closed. The notary has the option to appeal to the Supreme Court, which will then decide whether to uphold or overturn the final sanction.
Concurrently, González is facing criminal proceedings in the Seventh Guarantee Court of Santiago. In this case, he is under investigation for the crime of document forgery. The State Defense Council (CDE) is a plaintiff in the case, arguing that the notary failed to verify identities as required by the appellate court’s Accord 1,148.
The CDE’s complaint maintains that the notary failed to fulfill the duties that grant authenticity to public instruments, thereby constituting a direct criminal violation of the regulations governing his professional practice.
