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 as part of the Security Decree of 2025 (Law No. 80 of June 9, 2025), a new criminal offense was introduced in Italy aimed at combating the illegal occupation of residential property. This regulation, which entered into force 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 how this impacts owners and violators.

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 lawful owner or tenant from regaining access to their property. Key provisions:

How does this differ from previous regulations?

Prior to 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 rule was more general and less effective because:

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

What innovations have appeared for property owners?

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

Who can benefit from the new rules?

The new rules apply to:

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 is not directly related to the illegal occupation of real estate, but it is important to clarify its essence to avoid confusion:

Why is the new regulation important?

Article 634-bis and the related procedures address several key issues:

How does it work in practice?

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 7 years in prison. Expedited eviction procedures and the ability to obtain compensation for damages make this provision an important tool for protecting private property. At the same time, Article 648-bis, which concerns money laundering, regulates a completely different type of offense related to the legalization of criminal proceeds.