Judgment No. 50729 of 2023: Confiscation of Criminal Proceeds and Public Prosecutor's Initiative

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

Value Confiscation: A Regulatory Approach

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

• Necessity of public prosecutor's initiative
• Selection of confiscable assets
• Verification of value correspondence

The Public Prosecutor's Role in Confiscating Proceeds

The Court has clarified that the public prosecutor's initiative is not merely desirable but necessary. This aspect is fundamental to ensuring that the confiscation measure is fair and proportionate. The judgment highlights that confiscation, although a patrimonial security measure, must be implemented with care, avoiding arbitrariness in the choice of assets to be confiscated.

Confiscation of criminal proceeds - Indication of value without prior identification of assets to be confiscated - Execution of the measure - Public prosecutor's initiative - Necessity - Case facts. In cases where a "value" confiscation has been ordered by the judge, which has therefore not concerned sums already subject to seizure, nor other assets or liquidity previously determined in the forfeiture order, the public prosecutor's initiative is necessary for the selection of confiscable assets and the verification of the correspondence of their value to that of the proceeds subject to the measure. (Case facts relating to the confiscation of proceeds from the underlying aggravated fraud offense for obtaining public funds, ordered against a legal entity).

This legal principle aligns with the case law that recognizes an active role for the public prosecutor in the execution phase of confiscation, reinforcing the principles of legality and justice. The Court, therefore, not only confirms the importance of confiscation as a security measure but also outlines its operational parameters, drawing attention to the need for 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, reiterating the crucial role of the public prosecutor in managing the confiscation of criminal proceeds. This decision not only provides clear guidance on how the measure should be executed but also emphasizes the principles of justice and proportionality, which are essential elements in a legal system that aims to protect the rights of all citizens.