Confiscation and Preventive Measures: Analysis of Judgment No. 24709 of 2023

Judgment No. 24709 of January 11, 2023, by the Court of Cassation represents an important reference point in the field of preventive measures and confiscation. The decision falls within a complex regulatory framework, where the Constitutional Court had already provided significant clarifications with its Judgment No. 24 of 2019. This article aims to analyze the content of that judgment and its effects on confiscation orders, making a topic of significant legal interest accessible to all.

Judgment No. 24 of 2019 and its Effects

The Constitutional Court, with Judgment No. 24 of 2019, declared a question of constitutional legitimacy regarding Article 1, paragraph 1, letter b), of Legislative Decree No. 159 of September 6, 2011, to be unfounded. This ruling had a direct impact on the management of preventive measures, particularly on the confiscation procedure. The Court highlighted that the interpretative indications provided do not allow for the revocation of confiscation orders already issued, even when these are based on norms affected by unconstitutionality.

Confiscation – Interpretative judgment of rejection by the Constitutional Court No. 24 of 2019 – Effects with respect to final confiscation orders – Applicability – Limits – Case law. In the matter of preventive measures, the judgment of the Constitutional Court No. 24 of 2019, which declared, among other things, the unfoundedness of the question raised in relation to Article 1, paragraph 1, letter b), of Legislative Decree No. 159 of September 6, 2011, providing interpretative indications that exclude the unconstitutionality defect, does not permit the revocation of the confiscation order that finds justification in said norm. (Case law in which the request for revocation of the confiscation ordered following the classification of the subject both in the category referred to in Article 1, paragraph 1, letter a) of Legislative Decree No. 159 of September 6, 2011, affected by the declaration of unconstitutionality, and in that referred to in letter b) was rejected).

Implications of Judgment No. 24709 of 2023

In Judgment No. 24709 of 2023, the Court of Cassation rejected the request for revocation of a confiscation order, confirming the applicability of current provisions despite past legitimacy issues. This approach aligns with the principles of legality and legal certainty, ensuring that confiscation orders cannot be revoked without adequate legal grounds.

• Importance of preventive measures in the fight against crime.
• Recognition of the stability of confiscation orders.
• Need for clear interpretations by higher courts.

Conclusions

In conclusion, Judgment No. 24709 of 2023 and the reference to the Constitutional Court's Judgment No. 24 of 2019 underscore the stability and legal certainty in matters of preventive measures and confiscation. The Court of Cassation, by confirming the validity of confiscation orders, contributes to creating a clearer and more predictable regulatory framework, which is fundamental for the fight against crime and the protection of public safety. It is essential to continue monitoring how these decisions will influence the future of jurisprudence in this area.