Extended confiscation under Art. 240-bis of the Criminal Code: Analysis of judgment no. 1729 of 2024

The issue of extended confiscation has always sparked heated legal debate, especially regarding its application in cases of acquittal due to the statute of limitations. The recent judgment no. 1729 of July 11, 2024, issued by the Court of Cassation, offers important clarifications on the matter, establishing that extended confiscation can be ordered even in the presence of such an acquittal. In this article, we will analyze the content of the judgment and its practical implications.

The regulatory context

The judgment in question is based on Art. 240-bis of the Criminal Code, which governs extended confiscation, and on Art. 578-bis of the Code of Criminal Procedure, introduced by Legislative Decree March 1, 2018, no. 21. The latter article provides for the possibility of applying confiscation even in the absence of a conviction, if the crime has expired. This represents an important evolution of the Italian legal system, aimed at ensuring the fight against crime and the protection of assets.

The ruling's headnote

Extended confiscation under Art. 240-bis of the Criminal Code - Applicability of the provisions of Art. 578-bis of the Code of Criminal Procedure - Existence - Reasons. The provision of Art. 578-bis of the Code of Criminal Procedure, introduced by Legislative Decree March 1, 2018, no. 21, which provided for the possibility of ordering the extended confiscation referred to in Art. 240-bis of the Criminal Code with a judgment of acquittal due to the statute of limitations of the crime, can be applied retroactively to such confiscation, which, having the nature of an atypical security measure, is excluded from the prohibition of retroactivity of unfavorable norms.

This headnote highlights how extended confiscation, considered an atypical security measure, can be applied retroactively. This means that even in cases of acquittal due to the statute of limitations, the judicial authority is legitimized to order the confiscation of assets derived from illicit activities, contrary to what happens with other criminal measures.

Implications of the judgment

The implications of judgment no. 1729 concern several aspects, including:

• The protection of illicitly acquired assets, which remains at the center of Italian legislation.
• The possibility of applying security measures even in the absence of a conviction, thus expanding the state's intervention capabilities.
• The need for greater clarity and consistency in jurisprudence regarding extended confiscation.

This decision by the Court of Cassation represents a significant step towards a fairer justice system oriented towards the protection of legality and social justice.

Conclusions

In conclusion, judgment no. 1729 of 2024 offers an innovative perspective on extended confiscation, clarifying that this measure can also be applied in cases of acquittal due to the statute of limitations. It is essential that legal professionals, as well as citizens, understand the importance of this decision and its repercussions in the Italian legal context. Extended confiscation represents a powerful tool in the fight against crime and corruption, and its correct application is essential to ensure justice.