La confisca ante delictum e il principio di proporzione

[Autom. eng. transl.] The monograph aims to contribute to the scientific debate on the current expansion of ante delictum confiscation and supports the need to rethink the spectrum of intervention in a containing sense. Starting from the origins of the 'law of prevention' and from the hermeneutic commitment to the typification of dangerous situations, the study focuses on the most recent reforms that have affected the so-called anti-mafia code, engaging in dialogue with the 'corrective' contributions of the jurisprudence of legitimacy and with the doctrinal positions on the legal nature of preventive confiscation. The analysis of the current legislation is combined with a reading of the institute in the light of the principle of proportion. Specifically, the Author questions the compliance of the ablation measure with the so-called proportion in the strict sense, evaluating its reasonableness on the basis of the factual assumptions that authorize its use and other similar sanctions, arranged for phenomena of equal gravity. Also the so-called proportion in the broad sense (suitability, necessity and adequacy) is investigated, deepening the relationship between the 'limitation of property' (an, quomodo and quantum of real apprehension) and the satisfaction of the general interest, of 'fight' against crime and to the circulation of illicit capital. The text is completed with a look at the European legislation on the freezing and confiscation of the proceeds of crime, as well as the regulation of the extended confiscations of certain foreign legal systems and alternative solutions to property apprehension provided for by the national system (judicial administration and control), as examples of convincing implementations of the principle of proportion.