La “Rava Vox” del nuovo legislatore: il delitto di invasione di terreni o edifici per la realizzazione di raduni musicali pericolosi (art. 633-bis c.p.)

Decree-Law No. 162 of 2022 introduced a new crime (Article 434-bis of the penal code) into the penal code, in order to provide a specific instrument, on a criminal law level, to prevent and combat illegal rave parties. The new incrimination immediately raised the problem not only of its actual political criminal necessity, but also of its relationship with the crime of trespassing on land or buildings (Ar ticle 633 of the penal code). The uncertain legislative technique adopted and the definitional vague ness of the notion of ‘gathering’ (exceeding that of ‘rave party’) subjected the new crime figure to a hail of criticism. The Government has run for cover by presenting a series of ‘amendatory proposals’, which were fully accepted during the conversion of the decree law The amendments made by Con version Law No. 199 of December 30th, 2022 essentially provide us with a ‘new incrimination’ com pared to the one provided for in the text of the decree law. Not only has the new Article 633-bis of the penal code (“Trespassing on land or buildings with danger to public health or public safety”) been inserted in place of Article 434-bis of the penal code, but the offence itself has been reformulated . The result, however, does not seem to have changed: it is still a crime that does not have its own autono mous field of application (overlapping with the already existing crime under Article 633 of the penal code), and, above all, that does not incriminate the conduct that the Government intended to crimi nalize, i.e. the organization of unauthorized rave parties, dangerous to public health and safety