L’operatività della confisca allargata: retroattività e ragionevolezza temporale fra giurisprudenza interna, garanzie CEDU e normativa sovranazionale
DI STEFANO ZOCCALI
ABSTRACT – The article aims to analyze issues relating to the principle of
non-retroactivity and temporal reasonableness in the matter of extended
confiscation, on the basis of the evolution of internal jurisprudence and that
of the European Court of Human Rights.There is also an analysis of various
confiscation models within the individual European Union regulations and
their affinity with the extended Italian confiscation, without neglecting the
issues concerning its compatibility with the ECHR. Particular attention was
then paid to the transposition of the extended confiscation within article 240
bis of the Penal Code, to its succession rules and, lastly, to its provision in
the executive phase. Recently, indeed, the United Sections of the Court of
Cassation ruled on the possible provision of the type of confiscation in
question on the assets referable to the convict and acquired at his disposal,
even after the sentence for the so-called “spy” crime. In this way, the Italian
judges of legitimacy have put an end to a jurisprudential conflict that had
aroused particular interest also in the comments of the doctrine. From this
jurisprudential approach it is thus possible to outline possible future
prospects regarding the confiscation of assets and temporal reasonableness.
KEYWORDS – European Court of Human Rights, CEDU, Court of Cassation,
Article 240 bis c.p., confiscation