The essay stems from some recent legal studies which propose a reinterpretation of the “antimafia preventive confiscation” as a civil law measure: such opinions stress the evanescence of its formal preventive nature and, moreover, its narrow scope, limited to the confiscation of “illicit proceeds”, which suggests a sort of restitutory rationale. The article fully agrees on the opportunity to overcome the current interpretation of this specific form of confiscation as a preventive measure; however, it does not appear correct to construe it as a civil law measure, since it consists of an order issued by the State against a dissenting individual as a reaction to a previous illegitimate action.
|Translated title of the contribution||[Autom. eng. transl.] On the confiscation of prevention as an institution of private law: critical points|
|Number of pages||14|
|Journal||DIRITTO PENALE E PROCESSO|
|Publication status||Published - 2019|
- confisca di prevenzione
- misure di prevenzione
- preventive measures