Commentary on Judgment No. 3043 of 2024: Execution of the Demolition Order for Building Offenses

Judgment No. 3043 of December 18, 2024, from the Court of Cassation provides important clarifications regarding the consequences related to building offenses, particularly concerning the execution of demolition orders. This specific case, which involved the Public Prosecutor and a defendant, focuses on the obligation of the convicted party to proceed with the demolition of an illegal property within specific deadlines and the consequences of exceeding those deadlines.

Content of the Judgment

The Court establishes that the convicted party has the right to proceed, at their own expense, with the execution of the demolition order within ninety days from the date of irrevocability of the judgment. This deadline is established by Article 31, paragraph 3, of Presidential Decree No. 380 of June 6, 2001. Once the deadline has passed, the convicted party is no longer authorized to request the suspension or revocation of the injunction issued by the public prosecutor for the execution of the demolition.

Building offenses - Demolition order - Execution at the care and expense of the convicted party - Deadline - Indication - Exceeding - Consequences - Self-demolition - Possibility - Exclusion. In the matter of building offenses, the convicted party has the right to proceed, at their own care and expense, with the execution of the judicial order for the demolition of the illegal property within the deadline of ninety days from the date of irrevocability of the judgment, as per Article 31, paragraph 3, of Presidential Decree No. 380 of June 6, 2001; after which they are no longer authorized to request, for purposes of "self-demolition," the suspension or revocation of the injunction issued by the public prosecutor in execution of the condemnation ruling.

The Implications of the Judgment

This judgment emphasizes the importance of timeliness in complying with demolition orders. The consequences of failing to meet the ninety-day deadline can be significant:

  • Loss of the ability to request the suspension of the injunction.
  • Inability to proceed with self-demolition, thus shifting the burden of execution to the State.
  • Increased legal and administrative costs, as the convicted party will be forced to undergo forced execution of the demolition order.

In essence, the Court of Cassation reiterated that the current regulations concerning building matters must be strictly adhered to, and any delay results in legal consequences that can worsen the position of the convicted party.

Conclusions

Judgment No. 3043 of 2024 is an important ruling that clarifies the role and rights of the convicted party concerning building offenses. It serves as a warning for those facing demolition orders and highlights the importance of acting promptly. Awareness of one's rights and duties is essential to avoid more severe consequences and to manage situations related to building violations appropriately.

Bianucci Law Firm