Le confische speciali e generali

In the following work, it has been analysed the legal arrangement of confiscation. Protean measure “par excellence”, it has acquired in recent past a leading role in the fight against economic crime and illegal actions in general. The main objective was identifying the real legal nature of the several types of appropriations in order to detect the relevant guarantees in each case. In this regard, in the first chapter, one summarised the development that characterized Italian system of sanctions in the last decade (taking care to enhance the influence exercised by supranational order), has attempted to establish the most appropriate criteria to appreciate the function performed by confiscation. Within the framework of a structural approach, the paper highlighted that, given the specific characteristics of the investigated sanction, the attention should be focused, primarily, on the study of the object. The secondo chapter is dedicated to the analysis of the “special confiscation” (its name comes from the object perspective). We have been wondering, therefore, about the legitimacy of its regulation, trying to understand to what extent could be allowed derogations to the criminal guarantees. Lastly, on the contrary, the attention has been focused on “general confiscation”. Ascribed to a single category the “preventive confiscation” and the one provided by the article 240 bis of the Italian criminal code, we have been wondering about the most appropriate legal framework. Once rejected the preventive thesis, as well as the civil-law one, it has been proposed a new classification of this kind of measures, ascribing them to the area of punitive techniques of protection’s anticipation.