Codice delle confische

[Autom. eng. transl.] The volume implements the authoritative series of the Giuffrè Le Fonti of Italian law, offering, thanks to the contribution of authoritative experts in the field, an organic commentary on the composite corpus of legislation - substantial and procedural -, object in recent years relevant and copious interventions of novella both in European and national ambit, contemplating multiple forms of "confiscation", nomen iuris which now includes institutions that are also profoundly different from one another, which respond to different functions. The comments take into account this regulatory framework updated to the most recent reforms, in particular: the Reform Law of the Anti-Mafia Code (Law No. 161/2017) and the legislative implementing Decrees regarding the incompatibility of judicial administrators (Legislative Decree n. 54/2018) and on labor protection in seized and confiscated companies (Legislative Decree No. 72/2018); as well as the novellas referred to in Legislative Decree n. 21/2018, implementing the principle of reserve of code in criminal matters, which affected both the substantive and the procedural profile. The Work, organized in a systematic way, moves, in Part I, from a framework of the matter of confiscations in the system of sources, in the light of the constitutional principles, international and European, and then examining in a timely manner Directive 2014/42 / EU ( freezing and confiscation of instrumental assets and proceeds from crime in the EU). Part II is divided into a first section dedicated to the general profiles outlined in the cardinal standard referred to in art. 240 of the Criminal Code, and in a second section on special profiles broken down by topic, where all the confiscation hypotheses contained in the sector legislation are dealt with in detail. The issue of confiscations in the legislation on the liability of entities and legal persons referred to in legislative decree n. 231/2001 is entirely dedicated to Part III. Then, in Part IV, the institution of the extended confiscation is examined, on which the attention is more concentrated, also at the international level and of the EU law, up to the recent legislative interventions (Law n. 161/2017, of the reform of the Anti-Mafia Code and of the preventive measures, and, finally, the Legislative Decree No. 21/2018, in particular with the introduction of the new Article 240-bis of the Criminal Code), which seem to have largely generalized the confiscation based on disproportion. The analysis of the discipline of the Antimafia Code follows (d.lg. n. 159/2011), as updated to the reform pursuant to Law n. 161/2017: Part V, on the prevention and seizure of prevention; Part VI, on anti-mafia disqualifications. Extensive discussion is also reserved for procedural profiles (Part VII): preventive seizures, proof of confiscation, decisions and appeals on confiscations, and execution, as well as in judicial cooperation. In Parts VIII and XI, there is also a comment on the regulation of the judicial administration of seized and confiscated assets and assets connected to economic activities contained in the Anti-Mafia Code, on which the recent reforms also took place besides the 2017 reform law. .lg. n. 54/2018 and n. 72/2018. The volume closes with Part X, para-penal confiscations and measures of equivalent effect arranged by the autorithies, to ensure a panorama as exhaustive as possible for the purpose of studying the phenomenon and for practical purposes, in the face of the now weak boundary of the traditional division between "criminal" and "administrative" areas. The Work therefore allows the practitioner to orient himself fully in the matter in the light of the practical interpretation that has settled down and then penetrating into the new orientations arising from the novelties introduced by recent sectoral regulatory interventions.