The Correctional Court has just sentenced an Italian forty-year-old to a fine of 2,000 euros suspended for having used, from 2013 to 2016, the title of architect of the Principality. This profession is protected in the same way as lawyers and doctors. The Order of the Architects of Monaco treats such matters seriously, to the point of denouncing, after many reminders, this professional’s conduct and actions. In fact, the name of the defendant appears in the Order of Architects. But from the Provence-Alpes-Côte d’Azur region!
“The jurisprudence is very clear,” noted Judge Florestan Bellinzona. “If a foreign person who settles in Monaco refers to a regulated profession by mentioning his place of residence, it violates the law. This appears on all your documents.” At the stand, the accused insisted that he acted in good faith when he indicated his title of architect followed by his main residence located in Monte Carlo.
“He pretends not to understand.”
“There would have been no ambiguity,” said the magistrate, “if you had mentioned the head office in France. Because in Monaco you are not an architect.” The civil party added: “Besides the fraudulence of the title, the defendant’s company clearly exceeded the limits of the authorised services. He pretends not to understand. He plays with words and is at the limit of regularity and irregularity. For he has no office in France, but in Monaco. Moreover, his limited liability company is not authorised to be primary contractor. Of the seventeen cases referred to, one might assume this person practises in Monaco. Such documents may also cause confusion for clients.”
At the hearing, the Senior Appeals Counsel Olivier Zamphiroff underlined the importance of preserving the quality of the profession of architect by stating: “The practice of the accused is to play the system through inaccuracies. Then, he quotes the search engines where his company appears in a good position, specifying his base in Monaco. Nothing is clarified, this points to trouble! You should condemn this person to a fine of 2,000 euros.”
“Then the crime has not been committed”
These are unfounded criticisms according to the defence, “Is there any element in this file where my client avails himself of being a Monegasque architect?” asked Jean Marc Szepetowski, of the Bar of Nice…
“No. Then the crime has not been committed. Giving his business card where the profession is mentioned: this cannot have such an imperialist interpretation under the penal law. On the other hand, he cannot conceal a profession for which he obtained the diplomas. One must be serious: there is no school of architecture in Monaco. All the Monegasque graduates have obtained their qualifications abroad. It is surprising that this has provoked such a reaction.”
The court followed the requisitions of the public prosecutor.
Originally published by Olga Taran at Hello Monaco