Commentary on Judgment No. 48093 of 2023: Non-Compliance with Municipal Orders and Public Safety

The recent judgment no. 48093 of October 6, 2023, filed on December 4 of the same year, provides important insights regarding the non-compliance with municipal ordinances and the protection of public safety. In particular, the Court of Cassation clarified the conditions for configuring an offense under Article 677, third paragraph, of the Italian Penal Code, highlighting the need for a concrete danger to individuals.

The Regulatory Context

According to Article 677 of the Penal Code, non-compliance with an order requiring safety measures constitutes an offense only if such behavior results in a real danger to public safety. Otherwise, it constitutes an administrative violation under the first paragraph of the same article.

Non-compliance with the mayor's order to carry out safety measures on a building - Danger to individuals - Offense under Article 677, third paragraph, Penal Code - Configurability - Absence of danger - Consequences - Reasons. Non-compliance with the municipal ordinance requiring the execution of safety measures on a building constitutes the offense under Article 677, third paragraph, Penal Code only if such conduct results in a concrete danger to individuals; otherwise, it constitutes the administrative violation under Article 677, first paragraph, Penal Code, which, due to the principle of specialty, does not coexist with the offense under Article 650 Penal Code.

The Implications of the Judgment

This judgment serves as a reference point for Italian jurisprudence, as it establishes that mere non-compliance with a municipal ordinance is not sufficient to configure an offense unless accompanied by a concrete risk to the safety of individuals. The Court emphasized that, in the absence of a real danger, the principle of specialty should apply, excluding the possibility of concurrently applying the crime under Article 650, which pertains to violations of norms intended to protect public safety.

  • Need for a concrete danger to individuals
  • Configurability of the administrative violation in the absence of danger
  • Principle of specialty in criminal law

Conclusions

Judgment no. 48093 of 2023 offers an important reflection on how municipal ordinances must be respected, but also on how criminal responsibility should not be applied automatically in the absence of a concrete danger. This balance is essential to ensure public safety without infringing on citizens' rights to a fair defense. It is crucial that local administrations and citizens themselves understand the importance of safety, but also the limits of legal responsibility in cases of non-compliance with municipal ordinances.

Bianucci Law Firm