Understanding Confiscation Laws: Articles and Cases

Welcome to our page dedicated to confiscation laws. Here you will find insightful articles and relevant court cases to help you understand the legal aspects of confiscation.

Bianucci Law Firm
Commentary on Judgment No. 18 of 2023 of the Constitutional Court: Implications for Criminal Seizure.

Let's analyze ruling no. 18 of 2023 by the Constitutional Court, which declared the illegitimacy of certain provisions regarding criminal confiscation, highlighting the importance of timely protection of creditors' rights.

Bianucci Law Firm
Judgment No. 48472 of 2023 and the Protection of Third-Party Creditors in the Confiscation Process.

Let’s analyze the recent ruling no. 48472 of 2023, which addresses the issue of preventive confiscation and the defense rights of third-party creditors. Together, we will explore the legal implications and the conditions for nullity in the case of failure to communicate the issues raised ex officio.

Bianucci Law Firm
Judgment No. 48761 of 2023 on the confiscation of fraudulently registered assets: a comprehensive analysis.

We explore the recent ruling No. 48761 of 2023 by the Court of Cassation regarding the rights of third parties in the confiscation of fictitiously registered assets, clarifying the limits of standing and the interest in challenging the measure.

Bianucci Law Firm
Analysis of ruling no. 50304 of 2023: Seizure and rights of third parties.

The ruling of November 10, 2023 clarifies the rights of a third party in the event of confiscation, analyzing the methods of filing an execution incident and the related limitations. Let us explore the details and legal implications of this important pronouncement together.

Bianucci Law Firm
Judgment No. 50729 of 2023: Seizure of Illicit Profits and Initiative of the Public Prosecutor.

Analysis of ruling no. 50729 of 2023 that clarifies the methods of executing the confiscation of criminal profits and the crucial role of the public prosecutor in the selection of confiscable assets.

Bianucci Law Firm
Commentary on Judgment No. 15673 of 2024: The Role of the Third Party in Preventive Seizure.

Judgment No. 15673 of 2024 provides important insights on the right of a third-party titleholder to contest a preventive seizure, clarifying the necessary conditions for the validity of confiscation and the role of the fictitious nature of the title.

Bianucci Law Firm
Commentary on Judgment No. 17445 of 2024: Ineffectiveness of Seizure and Obligation of Return.

Judgment No. 17445 of 2024 of the Court of Cassation clarifies the consequences of the expiration of the term in the appeal against confiscation, establishing the ineffectiveness of the measure and the obligation to return the assets in case of exceeding the deadlines set by law.

Bianucci Law Firm
Judgment No. 16141 of 2024: Inadmissibility of the Request for Suspension of Company Seizure.

Let's analyze ruling no. 16141 of 2024, which clarifies the position of the Court of Appeal of Catanzaro regarding the inadmissibility of the request for suspension of the execution of the liquidation of a company subject to confiscation.

Bianucci Law Firm
Commentary on the Ordinance Judgment No. 16144 of 2024 regarding asset prevention measures.

Let's analyze the recent ordinance no. 16144 of 2024, which clarifies the appealability of the decree rejecting the request for deferral of the eviction execution in case of seizure aimed at confiscation. Let's explore the legal implications and the available remedies.

Bianucci Law Firm
Analysis of Judgment No. 14654 of 2024: Equivalent Confiscation and Plurality of Offenses

Let's explore the recent ruling No. 14654 of 2024, which outlines the limits of equivalent confiscation in the case of multiple offenses, clarifying when the extension of confiscation to profits not attributed to the defendant is legitimate.