Occupation of someone else's property: What has changed with the introduction of Article 634-bis?

Occupation of another's property: what has changed with the introduction of Article 634-bis of the Italian Criminal Code

With the introduction of Article 634 bis of the Italian Criminal Code under the 2025 Security Decree (Law No. 80 of June 9, 2025), Italy has introduced a new criminal offense aimed at combating the illegal occupation of residential properties. This law, which entered into force on April 12, 2025 , provides for stricter measures to protect the rights of property owners and expedited procedures for restoring their rights. Below is a detailed explanation of what has changed, the measures now in place, and the impact on both owners and offenders.

What does Article 634-bis of the Criminal Code provide?

Article 634-bis criminalizes the illegal occupation or retention of residential property, as well as actions that prevent the rightful owner or tenant from regaining access to their property. Key provisions:

1. Punishment for illegal occupation of real estate :
   • Persons who illegally occupy residential property or obstruct the owner's access to it may be sentenced to imprisonment for 2 to 7 years .
   • The same sanctions apply to persons who, by fraudulent means (for example, using fraudulent schemes or fictitious grounds), appropriate real estate and transfer it to third parties.
2. Object of the crime :
   • We are talking about residential real estate that is used as a place of residence (for example, apartments, houses).
   • The violation includes both physical occupation of the property by force or threats, and holding it without lawful authority.
3. The purpose of the norm :
   • The main goal of this article is to strengthen the protection of property owners' rights, expedite the process of property return, and compensate for damages.

How is it different from previous standards?

Before the introduction of Article 634-bis, cases of illegal occupation of real estate were regulated by Article 633 of the Criminal Code ("Encroachment on land or buildings"). However, this provision was more general and less effective, as:

• She did not focus exclusively on residential real estate.
• The procedures for returning property through civil courts were long and complicated.
• Owners often had to spend years trying to evict illegal tenants.

The new Article 634-bis emphasizes expedited procedures and harsher penalties, significantly simplifying the protection of property rights.

What innovations have appeared for owners?

The 2025 Security Decree provides property owners with new tools to protect their rights:

1. Expedited eviction procedures :
   • After filing a complaint about illegal occupation of real estate, the police have the right to immediately visit the property if there is reason to believe that the occupation is illegal.
   • The judge can issue an immediate eviction order , which significantly reduces the time it takes to restore the owner's rights.
   • If the offender refuses to leave the property or resists, the police, with the permission of the prosecutor, may forcibly vacate the premises.
2. Compensation for damages :
   • The owner has the right to demand compensation for damages caused by illegal occupation. Damages are considered presumptive , meaning the owner only needs to prove the fact of occupation (in accordance with case law, for example, Court of Cassation Ruling No. 12879 of May 14, 2024).
   • Evidence of damage may be provided in the form of presumptions (Article 2727 of the Civil Code), which simplifies the process.
3. Fixed amount compensation :
   • If the owner cannot accurately prove the amount of damage (for example, due to a lack of specific data on losses), the court may determine the amount of compensation in an equitable manner (Article 1226 of the Civil Code).
   • Typically, the amount is calculated based on the market value of the rent for the period of unlawful occupation. For example, the court may award compensation of €200 for each month of unlawful occupation .
4. Compensation for non-material damage :
   • The owner may claim compensation for non-material damages , such as emotional distress or discomfort caused by the violation of rights.
   • If there's a criminal conviction, proving such damage is easier, as the court has already established the crime. Otherwise, the owner must provide evidence proving that the violation could have been classified as a crime.

Who can benefit from the new rules?

The new rules apply to:

• Property owners whose houses or apartments were occupied illegally.
• Legal tenants who are unable to access their property due to the actions of third parties.
• Landlords who are faced with rent defaulters who refuse to leave their property after the lease is terminated.

What is Article 648-bis of the Criminal Code?

The text mentions Article 648-bis , which regulates a completely different type of crime— money laundering . It's not directly related to the illegal occupation of real estate, but it's important to clarify its essence to avoid confusion:

1. The essence of the crime :
   • Article 648-bis provides for punishment for actions aimed at the legalization of funds, property or other valuables obtained as a result of criminal activity (for example, theft, fraud, drug trafficking).
   • What we are talking about is attempts to conceal the illegal origin of assets so that they appear legal.
2. Punishment :
   • Imprisonment from 4 to 12 years .
   • Fine from 5,000 to 25,000 euros .
3. Examples of money laundering :
   • Asset substitution : exchanging illegally obtained money or property for other assets.
   • Asset transfer : the transfer of illegal funds between persons or the transfer of real estate, companies or movable property.
   • Concealment of origin : any action that makes it difficult to link assets to a crime.

Why is the new norm important?

Article 634 bis and its associated procedures address several key issues:

• Speeding up the eviction process : Landlords no longer have to wait years to get their property back.
• Increased penalties : Severe punishment (up to 7 years' imprisonment) should deter potential offenders.
• Compensation for damages : the possibility of compensation for both material and non-material damages makes the protection of property owners' rights more effective.

How does this work in practice?

1. The owner discovers illegal occupation :
   • For example, the apartment is occupied without permission, or the tenant refuses to leave the premises after the end of the contract.
2. Submitting an application :
   • The owner files a complaint with the police or the prosecutor's office, providing evidence of his right to the property (for example, a purchase and sale agreement, an extract from the register).
3. Actions of the authorities :
   • The police will investigate the circumstances and, if there are grounds, may immediately require the property to be vacated.
   • If the offender resists, the police, with the prosecutor's permission, carry out a forced eviction.
4. Trial :
   • The owner may file a claim for damages by providing evidence or relying on presumptions.
   • The court determines the amount of compensation, including possible non-pecuniary damages.

Conclusion

Article 634-bis of the Italian Criminal Code , introduced in 2025, significantly strengthened the protection of property owners' rights. Illegal occupation of a home is now a criminal offense, punishable by up to seven years in prison. Accelerated eviction procedures and the possibility of obtaining compensation for damages make this provision an important tool for protecting private property. Meanwhile, Article 648-bis, which concerns money laundering, regulates a completely different type of offense related to the legalization of criminal proceeds.