On February 26, 2025, the Preliminary Investigations Judge (GIP) of the Court of Torre Annunziata revoked the order of July 27, 2022 that suspended the eviction of 38 families occupying apartments in the social housing complex of Sant'Agnello.
Article Key Points
This decision comes after the ruling of the Court of Cassation of 13 March 2024, which upheld the opposition of the Public Prosecutor's Office.
The process was complex:
On February 28, 2020, at the request of the Public Prosecutor's Office, the GIP had ordered the precautionary seizure of the real estate complex for alleged illegal subdivision.
On June 18, 2020, the Review Court confirmed the seizure.
On January 11, 2021, the GIP rejected the request for revocation of the seizure presented by the defense of the accused.
On March 5, 2021, the Review Court, accepting the appeal of the entrepreneur Antonio Elefante, revoked the seizure.
On September 15, 2021, the Court of Cassation annulled the Review Court's order with referral.
On March 18, 2022, the Review Court, in the referral stage, reinstated the seizure.
On March 21, 2022, the Prosecutor's Office ordered the eviction of the occupied real estate units.
On July 27, 2022, the GIP suspended the effectiveness of the eviction until the final sentence.
The Prosecutor's Office had filed an appeal with the Supreme Court, which on January 24, 2023 had reclassified the appeal as an opposition, referring the documents to the GIP.
On October 10, 2023, the GIP rejected the opposition of the Prosecutor's Office.
On March 13, 2024, the Court of Cassation had annulled with referral the order of the GIP.
In the order of 26 February 2025, the GIP considered the eviction proportionate and indispensable for the execution of the preventive seizure, questioning the good faith of the occupants and assessing the increase in the urban planning burden resulting from the occupation. However, it suspended the enforceability of the eviction pending a possible appeal to the Supreme Court, given the complexity of the issues.
Article published on March 1, 2025 - 11pm
The GIP's decision to revoke the eviction order seems to have been very questionable, as there are many aspects that are not clear and could affect the lives of the families involved. It is important to better understand how the situation will develop.