
doi: 10.2139/ssrn.3388398
handle: 11565/4018913
The Italian lawmakers have recently extended the anti-Mafia non conviction based confiscation to the persons suspected of belonging to a criminal association aimed to corruption or to the commission of various crimes against public administration. This provision, although apparently in line with the tendency increasingly widespread on a supranational level to use instruments of a broadly preventive character to fight serious crimes, raises some issues, especially in terms of compliance with human rights protection. Indeed, although these measures focus on property and not on individuals, in many cases they significantly affect the life and well being of the people involved. After analysing the European Court of Human Right (ECtHR) case law on administrative measures having criminal nature and on Anti-Mafia non conviction based confiscation, the article investigates the legitimacy of the extension of this specific form of non-conviction based confiscation to the crimes against public administration.
ANTI-MAFIA PREVENTIVE CONFISCATION, EUROPEAN COURT OF HUMAN RIGHTS, CORRUPTION
ANTI-MAFIA PREVENTIVE CONFISCATION, EUROPEAN COURT OF HUMAN RIGHTS, CORRUPTION
| selected citations These citations are derived from selected sources. This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 1 | |
| popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Average | |
| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Average | |
| impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |
