The Right to Defense in Seizure and Confiscation: Commentary on Ordinance No. 17813 of 27/06/2024

The issue of preventive measures, particularly seizure and confiscation, represents a crucial aspect of Italian criminal law. Ordinance No. 17813 of June 27, 2024, issued by the Court of Cassation, provides important clarifications on how to protect the rights of third-party owners in these situations. In this article, we will analyze the key points of the ruling and its practical implications for the parties involved.

The Central Issue: The Right of the Third-Party Owner

The Court dealt with the case in which a third party, C. (D'AVINO P.), contested a seizure and confiscation order against an asset that he claimed to own, having acquired the asset through adverse possession prior to the intervention. The ruling clarifies that, to assert his right, the third party must first approach the criminal court of prevention or execution. Only after demonstrating his good faith can he approach the civil court for the verification of adverse possession.

Maxim of the Ruling and Its Implications

PREVENTIVE ACTIVITIES In general. In the case of seizure and confiscation proceedings under Law No. 575 of 1965 as currently in force, a third party who claims to be the owner of the asset due to having acquired it through adverse possession prior to the confiscation or seizure may approach the civil court for the verification of his right, only after having preliminarily approached the criminal court of prevention or execution, in the forms permitted therein, in order to demonstrate his good faith and obtain the revocation of the confiscation order.

This maxim underscores a fundamental aspect of the right to defense: the third party must not only demonstrate ownership of the asset but also act in good faith. This mechanism serves to protect the integrity of the preventive process and to avoid abuses. The obligation to contact the criminal court beforehand represents an additional layer of safeguard ensuring that the rights of legitimate owners are not inadvertently compromised.

Conclusions

Ordinance No. 17813 of 2024 provides an important lens on the delicate balance between the right to property and preventive measures. It is essential for third parties to understand the importance of following the prescribed procedures to protect their rights. Approaching the criminal court before contacting the civil court is not just a formal step but a necessity to demonstrate good faith and ensure a fair trial. In a complex legal context like the Italian one, the expertise of professionals in criminal and civil law becomes indispensable for effectively navigating these situations.

Bianucci Law Firm