Precautionary Seizure and Confiscation: Analysis of Judgment No. 20649 of 2023

Judgment No. 20649 of February 15, 2023, by the Court of Cassation provides important clarifications regarding precautionary seizure aimed at confiscation, particularly in proceedings involving crimes committed by public officials against public administration. This measure proves crucial in the fight against corruption and embezzlement of public funds, requiring clear and detailed reasoning regarding the necessity of anticipating the confiscatory effect.

The Regulatory Framework of Precautionary Seizure

Precautionary seizure is governed by Article 321 of the Code of Criminal Procedure, which sets forth specific provisions for its application. In particular, paragraph 2-bis introduces the principle that the seizure order must contain a concise justification regarding the "periculum in mora", meaning the risk of compromising evidence or worsening the defendant's financial situation.

Precautionary seizure aimed at confiscation pursuant to art. 321, paragraph 2-bis, Code of Criminal Procedure - "Periculum in mora" - Justification - Necessity. The precautionary seizure order referred to in art. 321, paragraph 2-bis, Code of Criminal Procedure, aimed at confiscation in proceedings relating to crimes by public officials against public administration, must contain a concise justification also of the "periculum in mora", to be related - while respecting the criteria of adequacy and proportionality of the real measure - to the reasons that make the anticipation of the confiscatory effect necessary compared to the final judgment.

Analysis of the Justification for Precautionary Seizure

The Court, in the judgment under review, emphasizes the importance of adequate and proportional reasoning in the seizure order. This not only protects the rights of the defendant but also ensures that the measure is justified by concrete and real needs. The ruling highlights that seizure cannot be an automatic measure but must always be supported by a specific assessment of the risk of irreparable damage to the community.

• Necessity of clear and concise reasoning
• Relevance of "periculum in mora"
• Respect for the principles of adequacy and proportionality

Conclusions

Judgment No. 20649 of 2023 represents an important step in defining the criteria for applying precautionary seizure, especially in cases of corruption. It reaffirms the need for rigorous justification and a balance between the demands of justice and the protection of individuals' fundamental rights. This approach not only increases the transparency of the legal system but also contributes to strengthening citizens' trust in institutions.