Illegal Land Development and Seizure: Judgment No. 44346 of 2024

The judgment No. 44346 of November 14, 2024, issued by the Court of Cassation, provides important clarifications on the issue of illegal land development and its related consequences in terms of asset seizure. In particular, the Court established that legal entities owning illegally developed areas cannot be considered third parties unrelated to the crime, thus excluding the possibility of benefiting from the seizure.

The Context of the Judgment

In the specific case, the defendant, C. F., was involved in a situation of illegal land development, which led to the intervention of the Court of Appeal of Cagliari. The central issue concerned the identification of the parties involved and their responsibilities. The Court emphasized that neither the legal entity owning the illegally developed area nor the one presenting itself as the apparent owner of the assets can be considered third parties unrelated to the crime. This position is based on the consideration that such entities receive benefits and advantages derived from the crime, thus configuring themselves as active participants in the land development process.

The Ruling of the Judgment

Illegal land development - Seizure - Third parties unrelated to the crime - Identification - Legal entity owning the area or apparent owner of the assets - Exclusion - Reasons. In the matter of illegal land development, neither the legal entity owning the illegally developed area, which receives the benefits and advantages resulting from the crime, as it is normally the commissioning party of the interventions carried out and part of the related contractual acts and any other activities carried out for that purpose, nor the one that is the apparent owner of the assets, which represents the mere façade behind which the offender, the actual owner, acts in their exclusive interest, can be considered third parties unrelated to the crime for the purposes of seizure, as in both cases, the necessary requirement of good faith is lacking.

This ruling highlights how the Court intended to clarify that good faith cannot be invoked by parties who, while not being the direct authors of the crime, still benefit from the unlawful conduct. The exclusion of such parties from the category of unrelated third parties is fundamental to ensure the effectiveness of seizure measures, an essential tool to combat illegality in the construction sector.

Implications and Conclusions

The implications of this judgment are significant. Firstly, it establishes a clear principle of responsibility: those who benefit from a crime cannot hide behind their unrelatedness to avoid legal consequences. Moreover, the judgment aligns with the principle of legality and the fight against illegal activities, as provided by both European and national legislation.

  • Strengthening of seizure measures.
  • Clarity on the responsibility of legal entities.
  • Need to evaluate good faith in complex contexts.

In summary, judgment No. 44346 of 2024 represents an important step in the fight against illegal land development, clarifying the boundaries of responsibility and ensuring that those who benefit from unlawful practices cannot escape the consequences of their actions.

Bianucci Law Firm