05 Jun building offenses and limitation period

In the matter of crimes relating to building violations, the demolition order of the unauthorized building is not subject to the discipline of the prescription established by art. 173 c.p. for criminal sanctions, having the nature of an administrative sanction of a restorative nature, devoid of punitive purposes and with effects that fall on the subject who is related to the good, regardless of whether he is the perpetrator of the abuse. Nor does this conclusion preclude the principles of the ECHR, just why, for these characteristics, demolition cannot be defined as a 'punishment' in the sense identified by the jurisprudence of the ECHR. In tal senso, the nomofilactic judge reiterated how, on the subject of building offenses, the demolition order is an administrative sanction of the ablatory type ancillary to the main sentence, which constitutes the explication of a sanctioning power, not residual or replacement but released from that of the administrative authority, attributed by the law to the criminal judge. The related provision, therefore, like the other rulings of the sentence, once this has become final, is subject to execution in the forms provided for by art. 655 c.p.p., whereby the body promoting the execution must be identified in the Public Prosecutor's Office. (Cass. 11638/21).