Occupation of another individual's land: What differences have arisen due to the implementation of Article 634-bis?

Occupation of someone else's property: impact of Article 634 bis in the Italian Penal Code

With the inclusion of Article 634 bis in the Italian Penal Code within the 2025 Security Decree (Law No. 80 dated June 9, 2025), a novel criminal violation was enacted in Italy to combat the unauthorized occupation of residential premises. This legislation, effective since April 12, 2025, enforces stricter measures to safeguard property owners' rights and streamline procedures for their restitution. Here is an elaborate breakdown of the alterations, the current measures, and their implications on owners and offenders.

What does Article 634-bis of the Penal Code entail?

Article 634-bis criminalizes the illicit occupation or retention of residential properties, along with actions obstructing the legitimate owner or tenant from reclaiming possession. Key stipulations include:

How does this deviate from previous statutes?

Prior to the integration of Article 634-bis, instances of unauthorized occupation of real estate fell under Article 633 of the Penal Code ("Trespassing on land or buildings"). Nonetheless, this regulation was less specific and effective due to:

The fresh Article 634-bis accentuates swift procedures and tougher sanctions, significantly streamlining the protection of property owners' rights.

What novel provisions have emerged for property owners?

The 2025 Security Decree equips property proprietors with novel resources to defend their rights:

Who can avail benefits from the recent regulations?

The recent regulations are applicable to:

What constitutes Article 648-bis of the Penal Code?

The document alludes to Article 648-bis, governing an entirely distinct criminal offense - money laundering. This is not directly linked to the unauthorized occupation of real estate, yet it is crucial to elucidate its essence to prevent misunderstandings:

Why is the recent legislation significant?

Article 634-bis and the associated procedures tackle various pivotal issues:

How does it function in reality?

Conclusion

Article 634-bis of the Italian Penal Code, introduced in 2025, robustly fortified the defense of property owners' rights. Unauthorized occupation of a residence is now a criminal transgression punishable by a maximum of 7 years of imprisonment. Streamlined eviction processes and the potential to seek reparation for losses render this provision a crucial tool for safeguarding private property. Simultaneously, Article 648-bis, pertaining to money laundering, oversees an entirely different offense associated with the legitimation of illicit gains.