Burglary: the ruling no. 50105 of 2023 and the notion of relevance.

The Court of Cassation, with the ruling no. 50105 of December 5, 2023, addressed a topic of great importance in criminal law, particularly regarding burglary. The decision focuses on the notion of "relevance of private dwelling" and its implications in the context of property crimes.

The key point of the ruling

Burglary in a dwelling or in another place intended, in whole or in part, for private dwelling - "Relevance of private dwelling" - Notion - Physical contiguity with the main asset - Necessity - Exclusion - Case. In the matter of burglary in a dwelling, "relevance of a place intended for private dwelling" must be understood as any asset suitable for providing direct economic utility to the main property or, in any case, functionally assigned to it and intended for its service or decoration in a durable manner, not requiring a relationship of physical contiguity between the assets. (Case in which the Court recognized a garage as having a relevant nature, serving the main dwelling, even though located in a different condominium complex, within the same municipal territory).

This key point clarifies that the notion of "relevance" does not require physical contiguity between the main property and the accessory one, thus expanding legal protection for assets that, while not physically attached to the dwelling, have a direct utility for it.

Practical implications of the decision

The ruling offers important food for thought for legal practitioners and citizens. Here are some of the practical implications:

  • Extension of legal protection: assets such as garages or cellars, even if located in other structures, can be considered an integral part of the habitual dwelling.
  • Regulatory clarity: the ruling provides a useful interpretation for recognizing thefts that occur in places not immediately contiguous to the dwelling but functionally connected.
  • Judicial precedents: the Court referred to past decisions, confirming a jurisprudential orientation already emerged in similar cases.

Conclusions

In conclusion, ruling no. 50105 of 2023 represents an important step forward in the protection of private property, clarifying that the notion of "relevance" is not limited by mere physical contiguity. This approach widens the scope of legal protection for citizens and places a strong emphasis on the importance of considering the economic and functional utility of assets, thus ensuring more effective protection against property crimes.

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