Il riconoscimento reciproco dei provvedimenti di congelamento e di confisca: una svolta nel contrasto alla criminalità organizzata?

Abstract

The Freezing and Confiscation Regulation, in force since December 2020, is an important tool in the fight against transnational organised crime. Accepting Italy’s requests, its scope has been extended to all real ablative measures, including confiscation without conviction. Responding to the logic of “mutual recognition” of judicial decisions, the text provides some optional grounds for refusal and, among them, a clause based on respect for fundamental rights. From the point of view of the Italian system, this provision could result in the refusal, by the other States, to execute the ablative measures adopted at the end of the “procedure of prevention”, regulated by the so-called anti-mafia code, currently under observation by the Court of Strasbourg. While waiting for the European ruling, an intervention of the legislator would be desirable.