Analysis of Judgment No. 19154 of 2022: Judicial Oversight and Anti-Mafia Prohibition

The recent judgment No. 19154 of November 17, 2022, filed on May 8, 2023, offers significant food for thought regarding judicial oversight as provided for by Legislative Decree No. 159 of 2011. In particular, the Court of Cassation addressed a crucial issue concerning the possibility of accessing such oversight during an appeal against an anti-mafia prohibition. This decision, besides being of great importance for legal practitioners, also provides useful clarification for businesses involved in proceedings of this type.

The Regulatory Context

Judicial oversight, governed by Article 34-bis, paragraph 6, of Legislative Decree No. 159 of 2011, is a measure that allows for the verification of the lawfulness of asset prevention measures. However, the judgment in question establishes a fundamental principle: a request for access to such oversight is inadmissible if the company has already appealed the rejection of a request for revocation of the anti-mafia prohibition. This aspect highlights the Court's intention to ensure a certain stability in proceedings and to avoid excessive fragmentation of requests.

The Ruling of the Judgment

Judicial oversight pursuant to art. 34-bis, paragraph 6, Legislative Decree No. 159 of 2011 - Request made pending appeal against the rejection of the request for revocation of the prohibition - Possibility - Exclusion. In matters of asset prevention measures, a request for access to judicial oversight pursuant to art. 34-bis, paragraph 6, of Legislative Decree of September 6, 2011, No. 159, submitted by a company that, following the rejection of the appeal to the administrative judge of the measure imposing the anti-mafia prohibition, has also appealed the rejection of the request for review of the same, is inadmissible.

This ruling unequivocally clarifies the position taken by the Court, emphasizing the need to maintain order and consistency in procedural phases. The Court, in fact, intends to prevent situations of legal uncertainty from arising, which could result from the acceptance of multiple and overlapping requests.

Practical Implications of the Judgment

The practical implications of this judgment are manifold and directly affect companies facing anti-mafia prohibitions. It is crucial for these entities to understand that their defense strategy must be well-planned and that each step must be carefully evaluated. In particular, it is important to consider:

• The need to submit requests for revocation or review in a timely manner.
• The importance of avoiding multiple appeals that could compromise the legal strategy.
• The value of specialized legal assistance to navigate the complex landscape of asset prevention measures.

Conclusions

In conclusion, judgment No. 19154 of 2022 represents an important reference point in Italian jurisprudence concerning asset prevention measures. The Court of Cassation, with its ruling, has sought to clarify the limits and modalities of access to judicial oversight, urging companies and their legal counsel to pay attention to procedural phases and to avoid overlapping requests. Only in this way can an effective defense, compliant with current regulations, be ensured.