As a very preliminary look at that in our legal system, urban crime have made the nature of contravention.
In general, these crimes are subject to the following guidelines:
are attributable to the agent either by way of intent or gross art. 42, paragraph 4 of the Criminal Code;
The attempt is not configurable;
The competition of people are being governed only by art. 110 Criminal Code;
not apply all those circumstances that the law assigns solely to crimes (eg aggravating circumstances provided for in art. 61 nn. 3:07 and 8 and the mitigating circumstance under Article. 62 n. 4 cp).
Moreover, the offenses are of permanent urban (1) because the criminal activity goes on all the time in which the works are in progress.
the legal interests protected by the rules incriminating on illegal construction is not given only by the need to submit construction activity to control of the government budget, but is represented, not least, substantial interest in the protection of the territory, the development of which must have been completed in compliance with the zoning provisions.
said this and I note that the reported crimes of illegal subdivision (2) are currently governed by the provisions of Articles 30 and 44 letter first paragraph. c) the first part of the Consolidated Building (DPR June 6, 2001, No. 380). Therefore, Article. 30 describes the conduct penalized (the precept), establishing a dual definition of illegal subdivision, and material negotiations. Instead, Article. 44 letter. c) contain particulars of their penalties.
Pursuant to art. 30, first paragraph of Decree 6.6.2001, n. 380 "you abuse subdivision (3) land for the purpose of the structure built:
when they started operations involving urban transformation of the land or building in contravention of the regulations themselves of planning instruments, existing or adopted, or otherwise required by state or regional laws without the required authorization (so-called subdivision abusive material);
and when this transformation is undertaken by the division and sale, or equivalent documents, the land in plots which, by their characteristics such as size in relation to the nature of the land and its destination according to the planning instruments, the number, location or any provision of urbanization and with respect to items related to the purchasers, in order to denounce the destination do not mistake the structure built (so-called illegal subdivision negotiation).
addition, pursuant to Art. 44 letter. c) Part I "unless the fact constitutes a serious crime, and without the administrative penalties, the provisions of imprisonment up to two years and a fine of € 15,943 to € 51,645 in the case of illegal allotment of land for the purpose building assault, as expected the first paragraph of art. 30.
In summary, the subdivision used illegal materials when there is a physical transformation of the territory that is "prohibited or not authorized." More specifically, the above subdivision occurs when there is an unauthorized transfer of land for the purpose building assault implemented in the absence of an administrative act (so-called permission to carve), authorizing creating a new network of urban fabric in an area undeveloped or partially urbanized.
The subdivision is an abusive form of more effective intervention in the territory of such a size and enormity of the differences made in construction or in the absence of a permit to build, bringing more serious impairment of programming edificatoria.
Instead, he resorts to abusive negotiating subdivision (4) (also known as the documentary or the securities) occurs when legal work uniquely designed to prepare the aforementioned transformation. More specifically the illegal subdivision when there is negotiation, while not yet been physically implemented initiatives type of the structure built, the urban transformation of the land has been established with:
the splitting of the same land;
through the land sale;
the performance of acts equivalent to the splitting and selling.
In summary, the offending conduct is merely a legal transformation of the territory that is in the fulfillment of legal acts have not yet been subject to enforcement practice.
The Court is also punishable cd. subdivision abusive mixed (split into lots of land and subsequent construction). This occurs when the active player or players are engaged in both pipes (material and negotiation) within a mix of factual and legal acts that are, however, aimed at achieving a transformation planning.
material in the element of the crime of illegal housing development pipelines converge converge towards a single transaction is characterized by the causal link that binds the individual contributions of direct involvement in the planning condition of the land, reserved for public bodies. (Penal Cassation, Section III, September 24, 1999)
In a nutshell, I note that you configure the crime of illegal subdivision when the purpose is set up with activity and capable of altering the programming of land just the same as outlined the instrument General Urban.
The crime in question is a common crime, damage, and the mere conduct in the nature of danger.
Moreover, in the event there is an allotment abusive material nature (5) and, instead, in the illegal subdivision of the negotiations there is an event in the legal sense.
In construction matters, the ignorance of the criminal law is now difficult to invoke after the introduction of one-stop shop for building, under art. 5 of Presidential Decree No. 380/2001.
The crime of illegal subdivision is a violation of arson for whose existence is necessary for the event both expected and desired by the offender as a result of his conduct and voluntary conscious designed to limit and condition, with obstacles in fact or in law, the reserve of public land planning. In the final analysis, I note that it is apparent both in the performance of legal acts, such as the division of land and sale of lots the factory or in the explanation of physical assets such as buildings or the construction of infrastructure works in cases where the aforesaid acts and activities found to direct and plan to use the land to development in the absence of conventional development plan or other equivalent instrument implementing the plan. More in detail, so you have illegal subdivision of land is not necessary for urban re-development works and construction are completed, it being sufficient for their start in breach of planning instruments or without the required authorization. Therefore, even the construction of a road, even in clay, is the work of urban transformation, such as to integrate the case of housing development in the material sense.
Finally, there are still to be analyzed for completeness of exposition, the procedural aspects of the crime in question is not oblation. It is a crime within the jurisdiction of the Court single judge in that office may be brought where the action penalty is taken up by decree of summons to court (Articles 550 et seq. cpp), measures of interim pre-arrest and detention are not permitted while, however, is permissible precautionary measure actual seizure (estimate, evidence ).
EXAMPLE OF CHARGE ON THE CRIME IN QUESTION
provided the offense and is punishable under Articles. 30 and 44 letter. c) of Presidential Decree 380/2001, for the Sigg. re Mevio and Harry - in competition with each other (art. 110 cp), which buyers and sellers XX YY - divided up in an improper purpose building two parcels of land sqm ... .... each, establishing the urban transformation and construction through the sale of land undivided shares of land for which the number, location, the provision of a link road between the particles sold, unequivocally denounced the intended purpose building assault, partly achieved through the fence of the land in relation to the shares sold and construction of housing units, in blatant violation of the requirements of the planning instrument of the City of ... ... ..
Events Occurring in ...
Date and Place
DPR June 6, 2001 n.380
Consolidated laws and regulations on construction. (Text A) (Suppl. ord. To the Official Gazette - No. 245, October 20, 2001), errata in the Official Gazette Series in January - No 262, November 10, 2001 and correction notices in the Official Gazette Series in January - No 264, 13 November 2001 and in the Official Gazette Series in January - No 47, February 25, 2002 (E1).
30 L. (Lottizzazione abuse). (Act Feb. 28, 1985, n. 47, Art. 18, 23 April 1985 Decree-Law No 146, article 1, paragraph 3 bis and 7 bis, Legislative Decree 18 August 2000, No. 267, Articles 107 and 109) . 1. It's illegal subdivision of land for the purpose when they started building assault operations involving urban transformation of the land or building them in violation of the requirements of the planning instruments, existing or adopted, or otherwise established by state laws or regional or without the required authorization; and when such processing is undertaken by the division and sale, or equivalent documents, of the land lots, their characteristics such as size in relation to soil type and its destination according to the planning instruments, the number, ' location or the possibility of introducing urbanization and with respect to items related to the purchasers, denounce in unequivocal terms the intended purpose building assault.
2. Between live acts, whether public or in private, involving the transfer or the creation or dissolution of the communion of rights in rem relating to land are void and can not be concluded or entered in the public land registers where such acts are not annexed to the certificate containing the requirements of urban planning destination on the affected area. The provisions of this subparagraph shall not apply if the land constituting appurtenances of buildings surveyed in the new urban building land, provided that the total surface area of \u200b\u200bthe same relevance is less than 5,000 square meters.
3. The certificate must be issued by the urban destination or manager responsible for the competent municipal office within a deadline of thirty days from submission of the request. It shall remain valid for one year from date of issue if, for declaration of the seller or one of condividenti, there have been no amendments to planning instruments.
4. In case of non-delivery of the certificate within the prescribed period, it can be replaced by a statement of the seller or one of condividenti stating the application has been lodged, and the destination of the land in the urban planning instruments in force or adopted, or the absence of these or the prescription, by the approved general planning instrument, the means of implementation.
4a. The acts referred to in paragraph 2, for which no certificates attached to urban use, or that do not contain the statement referred to in paragraph 3, may be confirmed or supplemented by a single party or by his successors, by public deed or certified, which is accompanied by a certificate containing the requirements relating to urban areas involved in the day when the act was done to confirm or containing the declaration omitted (a) (2).
5. The subdivisions for land can not be approved by the agency of the territory unless it is accompanied by a copy of the type which shows, for a certification of the municipal offices, the guy that was filed with the municipality.
[6. Public officials who receive or authenticate documents relating to the transfer, without cadastral division of plots of land that is less than ten thousand square meters must submit, within thirty days from the date of registration, a copy of their receipt or certified by the executive or manager of the office of the municipality where the property is located] (3).
7. In the case in which the manager or person in charge of the office finds the conduct of municipal subdivision of land for the purpose the structure built without the required authorization by order of the areas to be served to owners and other persons referred to in paragraph 1 of Article 29, it orders the suspension. The measure requires the immediate interruption of work in progress and the prohibition to dispose of the land and the works themselves by acts inter vivos, and must be entered for that purpose in the land register.
8. Ninety days, if the withdrawal does not react to the measure referred to in paragraph 7, the areas are divided up right to the acquired assets available to the municipality whose officer or manager of the office must provide for the demolition works. In the event of inaction, the provisions relating to substitution powers under Article 31, paragraph 8.
9. The documents relating to plots of land for which has been issued for the measures under paragraph 7, are void and can not be reached, or whether publicly or privately, after the transcript referred to in that paragraph and before the its cancellation or the ineffectiveness of the supervening decision of the Director or the head of the appropriate city office.
10. The above provisions shall apply to acts entered into the splits and made available to appropriate land registry office after March 17, 1985, and do not apply, however, the hereditary divisions, to gifts between spouses and between parents and wills in a straight line, as well as instruments of incorporation, amending and lapse of mortgaging and servitude.
(1) This paragraph was inserted in art. 12, paragraph 4, of Law November 28, 2005, No 246.
(2) See also art. 12, paragraphs 5 and 6 of L. November 28, 2005, No 246, of which contains the text:
"5. Can be confirmed under existing rules established by paragraph 4 of the acts drawn up before the date of entry into force of this Law, provided that the invalidity has been established by sentence became final before that date.
"6. For acts trained abroad, the provisions of Articles 30 and 46 of the consolidated text of the decree of the President of the Republic 6 June 2001, No 380, as amended, shall apply when the deposit with the notary and the resulting information may be included in the Record. "
(3) This section was repealed by. 1, paragraph 1, of DPR November 9, 2005, No 304.
(E1) According to art. 5 bis, paragraph 2 of the DL May 27, 2005, No 86, converted with amendments into Law July 26, 2005, No 148 the provisions of Chapter Two of this fifth part of the TU have effect from 1 July 2006.
DPR June 6, 2001 n.380
Consolidated laws and regulations on construction. (Text A) (Suppl. ord. To the Official Gazette - No. 245, October 20, 2001), errata in the Official Gazette Series in January - No 262, November 10, 2001 and correction notices in the Official Gazette Series in January - No 264, 13 November 2001 and in the Official Gazette Series in January - No 47, February 25, 2002 (E1).
44 L. (1) (criminal penalties). (Act Feb. 28, 1985, No. 47, Articles 19 and 20; April 23, 1985 Decree-Law No 146, Art. 3, converted with amendments into law June 21, 1985, No 298). 1. Unless the act constitutes a serious crime, and without the administrative sanctions shall apply:
a) fine of up to € 10,329 for breach of the rules, regulations and enforcement procedures provided for in this title, as applicable, and by building regulations, planning instruments and planning permission;
b) imprisonment for up to two years and a fine of € 5,164 to € 51,645 in the case of works in total inconsistency or lack of a permit or for continuation of same regardless of the order of suspension;
c) imprisonment of up two years and a fine of € 15,493 to € 51,645 in the case of illegal allotment of land to development, as provided in the first paragraph of Article 30. The same penalty also applies in the case of construction projects in areas subjected to historical, artistic, archaeological, landscape, environmental variation in essential differences in total or in the absence of the permit.
2. The final ruling of the criminal court finding that there was improper subdivision, provides for the confiscation of land, lots and works illegally constructed illegally. As a result of the confiscation of the land is acquired for free and right to the assets of the municipality in whose territory the subdivision occurred. The final decision is entitled to immediate entry into the land register.
2a. The provisions of this Article shall also apply to building work likely to be able to log in a complaint under Article 22, paragraph 3, performed in the absence or total incompatibility with the same (2).
(1) Under Article. 32, paragraph 47 of Decree 30 September 2003, No 269, conv. With amendments. In L. November 24, 2003, No 326, the penalties provided by this Article shall be increased by one hundred percent. Therefore, the penalties contained in this Article shall be considered as increased:
Lett. a): from € 10,329 to € 20,658;
Lett. b): from € 5,164 to € 10,328, from € 51,645 to € 103,290;
Lett. c): from € 15,493 to € 30,986, from € 51,645 to € 103,290;
(2) This paragraph was added by art. 1, paragraph 1, lett. r) of Legislative Decree 27 December 2002, n. 301.
(E1) According to art. 5 bis, paragraph 2 of the DL May 27, 2005, No 86, converted with amendments into Law July 26, 2005, No 148 the provisions of Chapter Two of this fifth part of the TU have effect from 1 July 2006.
(1) The crime of illegal housing development has a permanent nature, and remain until there is a hard task edificatoria, expected that after the initial division also conducted later, that the execution of infrastructure works or construction of individual buildings, it extends the criminal event through injury of the public monopoly of urban planning. Penal Cassation, Section III, April 26, 2007, No
19732 (2) On the issue of illegal housing development, awareness, on the part of agents, the parcelling of unauthorized land is based on the fact of having to attach, by law, during the transfer, the certificate of urban destination contains all the zoning requirements on the affected area. Penal Cassation, Section III, September 28, 2008, No
36304 (3) On the issue of crime and urban construction, the unchanging ground of offering a different attitude to a portion of the municipal territory the crime of illegal subdivision and not the implementation of work permit approval build. (Situations where housing development has been described as illegal the construction of some concrete curbs, performed for the purpose of fencing the land attributable to each building, consisting of prefabricated trailers, Imhoff was accompanied by the installation of gates and driveways for the placing of 'input to ground). Penal Cassation, Section III, January 26, 2009, No
3481 (4) In terms of building crime, for the configuration of the offense of improper subdivision or negotiating the securities, the list of circumstantial evidence under Article. 30, first paragraph, of Presidential Decree of 6 June 2001, No. 380 is not exhaustive nor these elements must exist simultaneously, as it is sufficient for the integration of the offense even if only one of them, provided it is clearly the intended purpose of the structure built ground. Penal Cassation, Section III, Case 8 July 2008, No
27739 (5) The event in a naturalistic sense: that is an offense centered on the verification result exterior of a causally attributable to human action. Natural event is the modification of the outside world as a result of conduct relevant to the right. Event in the legal sense but is the damage or put at risk the interest protected.
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