Extended confiscation under art. 240-bis of the Penal Code: Analysis of ruling no. 1729 of 2024

The topic of extended confiscation has always sparked intense legal debate, especially regarding its application in cases of acquittal due to prescription. The recent ruling no. 1729 of July 11, 2024, issued by the Court of Cassation, provides important clarifications on the matter, establishing that extended confiscation can also be ordered in the presence of such acquittal. In this article, we will analyze the content of the ruling and its practical implications.

The regulatory context

The ruling in question is based on art. 240-bis of the Penal Code, which governs extended confiscation, and on art. 578-bis of the Code of Criminal Procedure, introduced by Legislative Decree No. 21 of March 1, 2018. The latter article provides for the possibility of applying confiscation even in the absence of a conviction when the crime is prescribed. This represents an important evolution of the Italian legal system, aimed at ensuring the fight against crime and the protection of assets.

The ruling's principle

Extended confiscation under art. 240-bis of the Penal Code - Applicability of the provision of art. 578-bis of the Code of Criminal Procedure - Existence - Reasons. The provision of art. 578-bis of the Code of Criminal Procedure, introduced by Legislative Decree No. 21 of March 1, 2018, which allowed for the extended confiscation referred to in art. 240-bis of the Penal Code with a ruling of acquittal due to the prescription of the crime, can be applied retroactively to such confiscation, which, having the nature of an atypical security measure, is exempt from the operational scope of the prohibition of retroactivity of unfavorable norms.

This principle highlights how extended confiscation, considered an atypical security measure, can be applied retroactively. This means that even in cases of acquittal due to prescription, the judicial authority is empowered to order the confiscation of assets derived from illegal activities, contrary to what occurs with other penal measures.

Implications of the ruling

The implications of ruling no. 1729 concern several aspects, including:

  • The protection of unlawfully acquired assets, which remains central to Italian legislation.
  • The possibility of applying security measures even in the absence of a conviction, thereby expanding the state's intervention capabilities.
  • The need for greater clarity and consistency in the jurisprudence regarding extended confiscation.

This decision by the Court of Cassation represents a significant step towards a fairer justice system oriented towards the protection of legality and social justice.

Conclusions

In conclusion, ruling no. 1729 of 2024 offers an innovative perspective on extended confiscation, clarifying that this measure can also be applied in cases of acquittal due to prescription. It is essential that legal practitioners, as well as citizens, understand the importance of this decision and its repercussions within the Italian legal context. Extended confiscation represents a powerful tool in the fight against crime and corruption, and its correct application is essential to ensure justice.

Bianucci Law Firm