Commentary on Judgment No. 27041 of 2023: Invasion of Buildings and Death of the Tenant

Judgment No. 27041 of March 24, 2023, represents an important landmark in Italian jurisprudence regarding the invasion of buildings and, in particular, the dynamics related to public housing. With this decision, the Court of Cassation addressed the issue of the occupancy of a property by individuals who, despite being related to the tenant, continue to occupy the accommodation even after the latter's death.

The Regulatory Context

The crime in question is governed by Article 633 of the Penal Code, which punishes the invasion of others' buildings. The Court clarified that, even in the absence of the requirement of clandestinity, the permanence in the property by those who were hosted by the tenant still constitutes a crime. It is not relevant that the defendants continued to pay rent to the owning institution.

Public housing - Death of the tenant - Permanence in the property by those who were hosted due to family ties - Crime - Configurability - Reasons. The conduct of those who, hosted in a public housing property by virtue of their family relationship with the legitimate tenant, remain there even after the latter's death, behaving as "dominus" or possessor, constitutes the crime referred to in Article 633 of the Penal Code. (In the reasoning, the Court specified that "invasion" should be understood as arbitrary non-temporary entry into another's building with the aim of occupying it or, in any case, profiting from it, remaining indifferent to the means and ways by which it occurs, with the requirement of clandestinity not being necessary and it being irrelevant that the defendants had paid rent to the owning institution of the property).

The Implications of the Judgment

The consequences of this judgment are significant not only for the direct parties involved but also for the legal community as a whole. It clearly establishes that the legitimacy of possession of a property cannot be linked solely to family ties or the good faith of those residing there. The Court emphasized that the unauthorized occupation of public housing, even if it occurs under the guise of a familial relationship, is subject to criminal prosecution.

  • The concept of "invasion" is interpreted broadly and comprehensively.
  • The good faith of the occupants does not exclude criminal liability.
  • The judgment represents an important precedent for future cases.

Conclusions

In conclusion, Judgment No. 27041 of 2023 provides a clear and rigorous view on the issue of permanence in public housing after the death of the tenant. It invites deep reflection on the rights and duties related to the occupation of real estate, establishing a fundamental principle of legality for the protection of property. It remains essential for citizens to be aware of the legal implications of their actions to avoid situations of conflict and potential criminal liability.

Bianucci Law Firm