Judgment No. 50729 of 2023: Seizure of Criminal Proceeds and the Initiative of the Public Prosecutor

The recent judgment No. 50729 of October 20, 2023, issued by the Court of Cassation, has shed light on a crucial aspect of the seizure of criminal proceeds, emphasizing the necessity of the public prosecutor's initiative during the execution phase of the measure. This decision is situated within a complex legal context, where seizure represents a fundamental tool to combat economic crime and fraud offenses.

The Seizure of Value: A Normative Approach

According to the ruling, in cases where the judge orders a seizure of value, it is essential for the public prosecutor to intervene in the selection of seizable assets. This approach is based on the need to ensure that the value of the seized assets corresponds effectively to the proceeds of the crime, as established by Article 240 of the Penal Code. This is particularly relevant in cases of aggravated fraud, where illicit profits can be difficult to quantify and identify.

  • Need for an initiative from the public prosecutor
  • Selection of seizable assets
  • Verification of value correspondence

The Role of the Public Prosecutor in the Seizure of Criminal Proceeds

The Court clarified that the initiative of the public prosecutor is not only desirable but necessary. This aspect is fundamental to ensure that the seizure measure is fair and proportional. The judgment emphasizes how the seizure, although a measure of asset security, must be implemented with care, avoiding arbitrariness in the selection of assets to be seized.

Seizure of criminal proceeds - Indication of value without prior identification of assets to be seized - Execution of the measure - Initiative of the public prosecutor - Necessity - Case law. In cases where the judge has ordered a "value" seizure, which did not involve either sums already subject to seizure or other goods or liquidity previously determined in the confiscation order, the initiative of the public prosecutor is necessary for the selection of seizable assets and the verification of the corresponding value to that of the proceeds subject to the measure. (Case concerning the seizure of proceeds from aggravated fraud for obtaining public grants ordered against a legal entity).

This principle fits within the jurisprudential trend that recognizes an active role for the public prosecutor during the execution phase of the seizure, reinforcing the principles of legality and justice. The Court, therefore, not only confirms the importance of seizure as a security measure but also outlines its operational contours, drawing attention to the necessity of a collaborative approach among the various institutional figures involved.

Conclusions

In conclusion, judgment No. 50729 of 2023 represents an important step in the fight against economic crimes, reaffirming the crucial role of the public prosecutor in managing the seizure of criminal proceeds. This decision not only provides clear indications on how the execution of the measure should take place but also emphasizes the principles of justice and proportionality, essential elements in a legal system that aims to protect the rights of all citizens.

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