Il sequestro a fini di confisca: dalle scelte del codice del 1988 alla legge n. 161 del 2017

[Autom. eng. transl.] Despite the laconic codicistic discipline of the art. 321 paragraph 2 of the Code of Criminal Procedure, which provides for the preventive seizure of “things for which confiscation is allowed”, assimilation of the conditions for all precautionary measures, personal and real, is now required. The confiscations and the correlated seizures affect the fundamental rights of the person, which do not allow simplifications (frequent in practice) in the "proof" and in the "motivation" of judicial measures. The initial systematic choices of the 1988 Criminal Procedure Code revealed all their fragility, following the legislative and jurisprudential evolution on the subject, in the face of ductile and effective patrimonial contrast instruments, for ever wider categories of crimes. Finally, the law n. 161 of 2017 (of modification to the code of prevention measures, but also to fundamental codicistic norms in the matter of execution of real precautions) has traced a profound furrow with respect to these choices, highlighting, according to an unstoppable regulatory trend, the centrality not only of the confiscation and seizure to hit the crime of profit, but also of the judicial administration of the assets subject to the bond, according to the model outlined by the d. lgs. n. 159 of 2011, to safeguard the social, economic and employment interests involved. From here, the investigations and the proof of the patrimonial components sanctioning the crimes cannot be neglected since the initial phase of the criminal proceedings, on a par with the protection of third parties "unrelated" to the crime, which are often the owners of those fundamental rights.