Analysis of Judgment No. 36924 of 2024: Unlawful Occupation of Maritime State Property**

The recent judgment No. 36924 of September 12, 2024, by the Court of Appeal of Naples offers important clarifications regarding the configuration of the crime of unlawful occupation of maritime state property. The subject of the dispute concerned the interpretation and application of regulations relating to the de-domanialization and legitimization of state property areas, with particular reference to the Navigation Code and Law No. 1766 of 1927.

The Regulatory Context

The central issue addressed in the judgment concerns Article 1161 of the Navigation Code, which penalizes the unlawful occupation of state property areas. The Court established that the mere existence of a de-domanialization measure is not sufficient to exclude the configuration of the crime. In fact, according to the judgment, the mere existence of a legitimization measure, issued pursuant to Article 9 of Law No. 1766 of 1927, does not have a substitute value for the de-domanialization decree provided for by Article 35 of the Navigation Code.

Crime of unlawful occupation of maritime state property - De-domanialization decree - Necessity - "Substitute" relevance of a prior "legitimization" measure issued pursuant to art. 9 of law no. 1766 of 1927 - Exclusion - Reasons. In the context of unlawful occupation of state property area under art. 1161 of the Navigation Code, the crime is excluded only by the existence of an express "de-domanialization" measure issued pursuant to art. 35 of the Navigation Code. A similar value cannot be recognized to the "legitimization" measure pursuant to art. 9, paragraph 1, of law of June 6, 1927, no. 1766, which occurred before the approval of said code, given that it may concern common lands belonging to municipalities, fractions or associations, but not maritime state property.

Implications of the Judgment

This judgment has significant practical implications for industry operators and citizens. In particular, it highlights that:

• De-domanialization must be formally ordered to legitimize the occupation of maritime state property areas.
• Prior legitimization measures cannot be considered equivalent to a de-domanialization decree.
• The correct interpretation of current regulations is fundamental to avoid legal conflicts.

Conclusions

In conclusion, judgment No. 36924 of 2024 offers an important review of the requirements necessary to exclude the configuration of the crime of unlawful occupation of maritime state property. It emphasizes the need for a de-domanialization measure to legitimize the occupation, excluding the validity of prior legitimization measures. This clarification is crucial to ensure the correct application of regulations and to protect maritime state property, which is fundamental for the community.