“TUTTO CAMBIA PER RESTARE INFINE UGUALE”. LE SEZIONI UNITE CONFERMANO LA NATURA PREVENTIVA DELLA CONFISCA ANTE DELICTUM

The supreme Court reaffirms the preventive nature of confiscation provided for by article 24 of the so-called “antimafia Code” and states that it should not be treated as a “criminal matter”. The decision under consideration confirms the leaning of domestic and conventional case-law, which sanctions the exclusion of the measure from criminal guarantees. However, the unusual agreement between Rome and Strasbourg does not convince: the arguments of the Courts do not consider the extension of confiscation's scope of application.