@article{2016:manes:the_last_i,
title = {The Last Imperative of Criminal Policy: Nullum Crimen Sine Confiscatione},
year = {2016},
note = {Led by the diktat “crime does not pay”, the recent criminal policy
regarding measures to counter illegal assets is dangerously turning
towards constitutionally abnormal models, often revealing
“preventive criminal law” paradigms. In this framework,
confiscation plays a leading role: being teleologically ambiguous, it
is easy to “manipulate” and misapply, thanks to “generous”
judicial interpretations that breach the fundamental guarantees. The
various types of confiscation, flourished in an authentic “penumbra
of legality”, generate many controversial aspects: inter alia, the
affirmed possibility to execute a “confiscation without
conviction” seems to infringe the presumption of innocence; the
“value confiscation” is more and more difficult to reconcile with
legal certainty; the “extended confiscation” seems to be
unreasonable, as “normalised” and generalised by the so-called
“anti-mafia code”, also because of its neutral characterisation of
facts supporting the prognosis of dangerousness. This paper analyses
the problematic aspects of this “criminal law of illegal assets”
that dangerously tends towards illiberal models.},
journal = {EuCLR European Criminal Law Review},
pages = {143--160},
author = {Manes, Vittorio},
volume = {6},
number = {2}
}