Acquitted in abridged procedure.

The architect [M.T.], planner and asseverator, has been acquitted “because the fact does not exist” from the charge of having authorized and concurred in the realization of building works in contrast with art. 3, Regional Law (“R.L.”) no. 13 of 2009, as reformed by art. 23, paragraph 1, of R.L. no.7 of 2018 and Decree of the President of the Republic no 380/2001. Acquitted “for not having committed the crime”, from the charge of complicity in the building abuse (art. 44, lett. b, Decree of the President of the Republic no 380/2001) for having certified the conformity of the works to the authorization title.

Notwithstanding the opacity of the regulatory texts, the mere interpetratio legis provided by the architect to the client regarding the feasibility of the building work, even if apparently fanciful and/or divorced from the legislative context of the sector (as then also recognised by the Administrative Jurisdiction) does not constitute the offence of forgery pursuant to Article 481 of the Criminal Code (Ideological falsity in certificates by public authorities) nor does it constitute aiding and abetting building abuse.

V Section, Criminal Court of Rome, sentence no. 451/2023 R.G. of 13 January 2023.

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