Confiscation of the Vehicle and the Good Faith of the Third-Party Owner in the Illicit Management of Waste: Analysis of Judgment No. 16088/2025

The Third Criminal Section of the Court of Cassation, with ruling 16088/2025 (filed April 28, 2025), returns to address the mandatory confiscation of the vehicle pursuant to art. 259, paragraph 2, Legislative Decree 152/2006. The case arises from the appeal of L. M., owner of the vehicle seized because it was used by third parties to transport waste in violation of art. 256 of the Consolidated Environmental Law. The Review Court of Cosenza had confirmed the seizure, deeming the owner's alleged extraneousness irrelevant. The Supreme Court declares the appeal inadmissible but makes important clarifications on the defensive powers of the extraneous third party and on the requirements of "good faith".

The Scope of Mandatory Confiscation

Art. 259, para. 2, Legislative Decree 152/2006 mandates the confiscation "of the means of transport used" for the commission of crimes of illicit waste trafficking. As this is a real security measure, confiscation affects the asset regardless of the owner's criminal liability. This entails two main effects:

• the inevitable forfeiture of the vehicle in case of conviction or dismissal for particular insignificance, except in cases of good faith;
• the adoption, in the precautionary phase, of preventive seizure pursuant to art. 321, para. 2, of the Code of Criminal Procedure as an anticipation of the definitive measure.

The Ruling's Headnote and its Interpretation

In matters of illicit waste management, the third-party owner of the vehicle used to commit the crime, subject to mandatory confiscation pursuant to art. 259, paragraph 2, Legislative Decree of April 3, 2006, no. 152, is not entitled to intervene on the existence of the "fumus" of the offense, which is not attributed to him, but which forms the basis of the preventive seizure for the forfeiture measure, but he can demonstrate his good faith, i.e., that the illicit use of the vehicle was unknown to him or, in any case, is not connected to his culpable or negligent conduct.

The Court denies the third party the possibility of contesting the fumus commissi delicti, as the assessment of the evidentiary gravity concerns the perpetrator of the crime and not someone who, despite being the owner, is extraneous to the offense. However, the owner retains a concrete right of defense: they can avoid confiscation by demonstrating their good faith. This means proving that:

• they were unaware of the illicit use of the vehicle;
• they did not engage in culpable (e.g., qualified omission of supervision) or negligent conduct that facilitated the act.

This solution aligns with the United Sections ruling 10561/2014, according to which confiscation cannot prejudice an innocent third party. With today's judgment, the Court balances patrimonial aggression with the protection of reliance, limiting the evidentiary burden to the owner's diligence.

Relationship with Community and Constitutional Jurisprudence

This approach is consistent with art. 1 of Protocol No. 1 of the ECHR, which requires a reasonable balance between public interest and the protection of property rights. The Constitutional Court, in rulings such as No. 112/2019, has emphasized the principle of proportionality of forfeiture measures when they affect non-culpable parties. The Court of Cassation, therefore, interprets art. 259 in conformity with supranational parameters: confiscation remains mandatory, but it stops before a third party who demonstrates diligent extraneousness.

Practical Aspects for Operators

To effectively protect clients at risk of vehicle confiscation in the precautionary phase, it will be necessary to:

• promptly collect documentary evidence (rental agreements, work certificates, GPS locations) attesting to the unauthorized use of the vehicle;
• hear witnesses regarding the lack of consent to illicit use;
• demonstrate appropriate internal control and supervision procedures, especially for company fleets.

The ratio of the ruling is clear: it is not enough to assert extraneousness; it must be demonstrated through diligent conduct pursuant to art. 1176 of the Civil Code, a civil parameter analogously invoked to assess fault.

Conclusions

Judgment 16088/2025 confirms the trend of the Court of Cassation aimed at strengthening the effectiveness of patrimonial measures in environmental crimes, without sacrificing the property rights of the extraneous third party. The burden of proof regarding good faith is onerous, but not impossible: a well-documented defense can prevent the definitive loss of the vehicle. Lawyers are therefore called upon to adopt a proactive approach, building from the outset a body of evidence that demonstrates the owner's absence of fault or negligence.