Constitutional court responds to a constitutional legal justification decision Mandatory conflict for equal Of the assets for companies involved in illegal activities. With special Joomla, appeared on February 4, 2025 The judges approved Partial Unjustifiable This type of institute, rewriting – partially – Rules Which make it regular.
When the confiscation for equality is unlawful
Posted in the Official Gazette on February 4, 2025 with sentence number, constitutional judges announced Unconstitutional – so unlawful – a mandatory conflict Combination of money Or equivalent goods For those who were committed to the resulting crime Neutral Compared to the crime. This decision is based on the principle of proportion, which is a fundamental principle of both the Italian Constitution and the Supernational Regulations.
The court has made it clear that this principle extends to the necessary conformity for the equals of the goods used to commit a crime, which can be arranged before the material goods have already been sold. Or no longer available. This means that, in the future, Companies can no longer be bound In fact, abandoning assets equal to the assets used for crime, unless the conflict itself is proportional to the severity of the crime.
What changes for a business?
The Constitutional Court decision, which is a part of a long reflection on the approval system and the protection of business rights, is a significant change in the methods of application of mandatory conflicts that should be in accordance with the judges. Reviewed the time at a time And by coincidence, not only respect the rights of individuals and companies, but also the principle of proportion.
In other words, it has been reiterated that the company should stop from passing by Excessive penalties In terms of violation limit.
Nos, if a good use has already been done Solded before the offense confirmedIt will not be possible for the authorities to automatically move forward to seize equal value of the asset, unless there is a direct contact and a clear violation of the law by the good based on sales. So:
- The goods involved in crime can be sold Less convicted If there is no clear relationship with criminal activity.
- Mandatory conflict for equal It is limitedAnd those who sell the criminal asset are not in danger of losing other equal price assets if good .The good is treated well, unless the fraud is particularly conducted.
- The phrase offers a Maximum protection to buyers These assets refrain from that they are punished with conflict, unless they are shown about their involvement or illegal conditions.
How to conform to equal tasks
Mandatory confiscation of assets for equality This is a legal institute Which allows authorities to occupy equal value or assets of those used for the benefit of a crime or benefit from it, when the original equipment cannot be recovered or seized more (eg , Because they are sold, transfer or destroyed.
When an individual or business is accused of a crime (especially economic crimes such as recycling, fraud, corruption, etc.), if the bodily goods involved in the crime They are not tracked or moved Third parties, sales or destroyed, can apply the judicial authority to equalize conflict. In practice, instead of seizing the assets, the authorities seized a number of price or other assets that were occupied, if it was still available.
The purpose of the move is to recover illegal profits and prevent those who commit crimes, they benefit from crime, even when physical goods are not recovered. Nos, is a Prevention functionSince it applies, even if the actual assets are not capable, and for this reason, those who try to hide or eliminate illegal profits can affect them.
