On RGAonline, an interesting commentary by Andrea Puccio and Francesca Tomasello on the ruling of the Criminal Cassation Court, Section III, dated December 14, 2023 (deposited on 09/01/2024), no. 686, which ruled on the offense of unauthorized landfill.
The Court reiterated well-known principles regarding the distinction between the aforementioned offense and that of waste abandonment, albeit providing a peculiar application to the specific case.
The ruling also refers to confiscation; on this point, the Court established that, even in cases where co-ownership of the land involves a third party unrelated to the offense, partial confiscation of the area is permitted, while the right of the aforementioned party to the restitution of their share remains, with the clarification that they are the only legitimate subject to request it.
The full article is available at this link