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

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.