Question juridique clé
Whether the deed contained a false legal certification under Art. 253 CP
Solution extraite
Yes. A notarial deed stating a sale price that does not match the economic reality can constitute a false certification, even if the price is overstated rather than understated.
Motifs extraits
The cantonal court found the deed’s price clause false because the brokerage fee was fictitious and meant to be returned to the buyer; the Federal Court upheld that this discrepancy between deed and economic reality met Art. 253 CP.