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

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

The Regulatory Context

The crime in question is regulated by Article 633 of the Penal Code, which punishes the invasion of another's property. The Court clarified that, even in the absence of the requirement of clandestinity, remaining in the property by someone who was hosted by the allottee still constitutes the crime. It is irrelevant that the defendants continued to pay rent to the owner institution.

Public residential housing - Death of the allottee - Remaining in the property by someone who was hosted there by virtue of kinship - Crime - Configurability - Reasons. The conduct of someone who, hosted in a public residential housing property by virtue of kinship with the legitimate allottee, remains there even after the latter's death, behaving as the "dominus" or possessor, constitutes the crime referred to in art. 633 of the Penal Code. (In its reasoning, the Court specified that "invasion" should be understood as an arbitrary, non-momentary entry into another's building for the purpose of occupying it or, in any case, profiting from it, regardless of the means and methods by which it occurs, the requirement of clandestinity not being necessary and it being irrelevant that the defendants had paid rent to the owner institution of the property).

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 property possession cannot be solely linked to kinship or the good faith of those residing there. The Court emphasized that the unlawful occupation of public housing, even if it occurs under the guise of a family tie, is criminally prosecutable.

• 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 offers a clear and rigorous perspective on the issue of remaining in public residential housing after the death of the allottee. It calls for deep reflection on the rights and duties related to property occupation, establishing a fundamental principle of legality for the protection of ownership. It remains essential for citizens to be aware of the legal implications of their actions to avoid situations of conflict and potential criminal liability.