Occupation of another's property: changes brought by Article 634-bis of the Italian Criminal Code
With the enactment of Article 634-bis under the 2025 Security Decree (Law No. 80 of June 9, 2025), Italy has introduced a new criminal offense to tackle the unlawful occupation of residential properties. This law, effective from April 12, 2025, implements stricter measures for safeguarding property owners' rights and accelerates the process for reclaiming their properties. Here is an in-depth look at the changes, the new regulations, and the consequences for both owners and offenders.
What does Article 634-bis of the Criminal Code stipulate?
Article 634-bis makes it a crime to illegally occupy or hold residential property and prevent rightful owners or tenants from accessing it. Key provisions include:
Punishment for unauthorized occupation of property:
Individuals who unlawfully occupy homes or block owners' access can face imprisonment ranging from 2 to 7 years.
The same punishment applies to those who fraudulently acquire real estate and transfer it to others.
Object of the crime:
This pertains to residential properties used for living (e.g., apartments, houses).
The violation encompasses seizing property by force or holding it without legal authority.
Purpose of the regulation:
The main aim is to bolster property rights protection, speed up the return process, and ensure damage compensation.
How does it differ from former regulations?
Before Article 634-bis, illegal property occupation was governed by Article 633 of the Criminal Code ("Encroachment on land or buildings"), which was more generic and less effective because:
It wasn't specifically focused on residential properties.
Civil court procedures for reclaiming property were lengthy and cumbersome.
Owners spent years trying to remove illegal occupants.
Article 634-bis prioritizes expedited procedures and stricter penalties, significantly simplifying the protection of property rights.
What new measures are available for owners?
The 2025 Security Decree offers property owners new avenues to safeguard their rights:
Expedited eviction procedures:
After reporting illegal property occupation, the police can immediately inspect if they suspect unlawful occupation.
A judge may issue an immediate eviction order swiftly, restoring owners' rights.
If offenders resist leaving, the police, with prosecutor approval, can forcibly evict them.
Compensation for damages:
Owners can claim compensation for damages from unlawful occupation. Damages are considered presumptive, meaning owners must only prove the occupation occurred (as per case law like the Court of Cassation Ruling No. 12879 of May 14, 2024).
Damage proof can be provided through presumptions (Article 2727 of the Civil Code), simplifying the process.
Fixed amount compensation:
If the owner can't specify damage amounts (e.g., due to lack of data on losses), the court may determine compensation equitably (Article 1226 of the Civil Code).
Typically, this amount is based on market rent for the unlawful occupation period, such as €200 per month.
Compensation for non-material damage:
Owners may seek compensation for non-material damages, such as emotional distress or discomfort.
If there’s a criminal conviction, proving such damage is easier. Otherwise, owners must show the violation could be classified as a crime.
Who benefits from the new rules?
The new rules apply to:
Property owners whose homes or apartments were unlawfully occupied.
Legal tenants who can't access their property due to third-party actions.
Landlords dealing with rent defaulters refusing to vacate post-lease termination.
What is Article 648-bis of the Criminal Code?
Article 648-bis concerns a different crime—money laundering. Though unrelated to illegal property occupation, it's essential to clarify:
The essence of the crime:
Article 648-bis penalizes actions aimed at legalizing funds or valuables from criminal activity (e.g., theft, fraud, drug dealing).
It involves efforts to disguise illegal asset origins.
Punishment:
Imprisonment from 4 to 12 years.
Fines between 5,000 and 25,000 euros.
Examples of money laundering:
Asset substitution: trading illegal money or property for other assets.
Asset transfer: moving illegal funds or transferring property, companies, or movables.
Concealment of origin: actions obscuring asset links to crimes.
Why is the new regulation important?
Article 634-bis and its procedures tackle critical issues:
Speeding up eviction: Landlords no longer endure years reclaiming their property.
Increased penalties: Stringent punishment (up to 7 years' imprisonment) deters potential offenders.
Compensation for damages: Makes protecting property rights more effective by allowing compensation for both material and non-material losses.
How does it operate in practice?
Owner discovers illegal occupation:
For instance, an unauthorized apartment occupation or a tenant refusing to leave post-contract.
Submitting an application:
The owner files a report with the police or prosecutor, proving their property rights (e.g., sale agreement, registry extract).
Authorities’ actions:
The police investigate, and if justified, may demand immediate property vacation.
If resisted, police can execute a forced eviction with prosecutor consent.
Trial:
Owners can claim damages using evidence or presumptions.
The court decides compensation, including possible non-pecuniary damages.
Conclusion
Article 634-bis of the Italian Criminal Code, introduced in 2025, greatly enhances property owners' rights protection. Unlawfully occupying a residence is now a criminal act, punishable by up to seven years in prison. Swift eviction procedures and damage compensation options make this an essential tool for defending private property. Meanwhile, Article 648-bis, related to money laundering, governs a separate offense involving the legalizing of criminal proceeds.
