Non-Conviction Based Confiscations and the Presumption of Innocence: Critical Remarks in the Light of the Italian Legal Framework

The notion of “confiscation without conviction”, even when considered only in the context of the Italian legal system, evokes measures that sometimes differ greatly from one another in their respective objectives and the manner in which they are applied ; this is the reason why, in order to assess their compatibility with the fundamental principle of the presumption of innocence, specific attention should be given to each of the different cases likely to assume relevance. The paper examines two distinct possible cases of confiscation without conviction envisaged in the domestic system, namely seizure intended as a preventive measure pursuant to the provisions of D.Lgs. n. 159/2011, and confiscation applied upon the conclusion of a criminal trial, but in the absence of a formal conviction.