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

The recent judgment No. 48093 of October 6, 2023, filed on December 4 of the same year, offers important food for thought regarding non-compliance with mayoral orders and the protection of public safety. In particular, the Court of Cassation has clarified the conditions for constituting a misdemeanor under Article 677, paragraph three, of the Italian Penal Code, highlighting the necessity of a concrete danger to persons.

Regulatory Context

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

Non-compliance with the mayor's order to carry out safety works on a building - Danger to persons - Misdemeanor under Article 677, paragraph three, of the Penal Code - Configurability - Absence of danger - Consequences - Reasoning. Non-compliance with the mayoral order enjoining the execution of safety works on a building constitutes the misdemeanor under Article 677, paragraph three, of the Penal Code only in cases where such conduct results in a concrete danger to persons, otherwise constituting the administrative offense under Article 677, paragraph one, of the Penal Code, which, by the principle of specialty, does not concur with the misdemeanor under Article 650 of the Penal Code.

Implications of the Judgment

This judgment represents a landmark for Italian jurisprudence, as it establishes that mere non-compliance with a mayoral order is not sufficient to constitute a misdemeanor, unless accompanied by a concrete risk to people's safety. The Court emphasized that, in the absence of a real danger, the principle of specialty must be applied, excluding the possibility of concurrent charges with the offense under Article 650, which concerns the violation of rules intended to protect public safety.

• Necessity of a concrete danger to persons
• Configurability of an administrative offense in the absence of danger
• Principle of specialty in criminal law

Conclusions

Judgment No. 48093 of 2023 offers an important reflection on how mayoral orders must be respected, but also on how criminal liability should not be applied automatically in the absence of concrete danger. This balance is fundamental to ensuring public safety without infringing upon 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 liability in cases of non-compliance with mayoral orders.