Sulla confisca di prevenzione come istituto di diritto privato: spunti critici

Translated title of the contribution: [Autom. eng. transl.] On the confiscation of prevention as an institution of private law: critical points

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Abstract

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
Original languageItalian
Pages (from-to)995-1008
Number of pages14
JournalDIRITTO PENALE E PROCESSO
Publication statusPublished - 2019

Keywords

  • confisca
  • confisca di prevenzione
  • confiscation
  • misure di prevenzione
  • preventive measures

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