The new Italian Anti-Mafia Code (1 out of 3)

“Corrotti” like Mafiosi


By Francesco Clementucci 
Published on Tuesday March 6, 2018


In September 2017, the Italian Parliament passed a new Anti-Mafia Code which sets corruption on the same footing as mafia and brings more effective seizure procedures, transparency in assignments to fight nepotism and greater opportunities to intervene against companies infiltrated by organized crime. These are just some of the goals that the new anti-mafia code aims to reach.

The code extends the scope of possible subjects to whom personal and asset prevention measures may be applied; they include on one hand those who are suspected of terrorism or of assisting the perpetrators of a criminal offense, and on the other hand those who are suspected of having committed serious crimes against the public administration, including embezzlement, corruption, corruption in judicial acts, bribery and undue inducement to give or promise benefits. Prevention measures are also applicable to suspects of harassment.

These preventive measures are further de-institutionalized by providing for specialized sections or district panels and including the national anti-mafia and anti-terrorist prosecutors among the parties who have the power to propose preventive measures. The coordination between all proposers is better defined. They will also have access to the SID, the Flow Transmission System of the Revenue Agency.

More precisely the novelties introduced by the Anti-Mafia Code include:

More effective seizure: The seizure of a entire corporate participation extends to all corporate assets. The judicial police (no longer the judicial officer) will now be materially responsible for the seizure. If real estate is occupied without title, the delegated judge orders its clearance. Seized real estate may among other things be leased to police forces or armed forces and firefighters.

Seizure strengthened: It is now expressly stated that the legitimate origin of goods cannot be justified by the fact that the money used to buy them is the result of tax evasion. The court may also administrative and judicial control as an alternative to seizure. The scope of seizure and alternative measures has been extended and extended seizure is even compulsory for some environment crimes and for self-money laundering; it also applies in the case of amnesty, prescription or death of the victims. If the seized property has been devoted to use in the public interest when the seizure is revoked, the restitution of the property is effected by its equivalent value.

Infiltrated Business Control:
A new institute of corporate law enforcement has been created for when there is a real risk of mafia infiltration that impacts a company’s activity. Judicial review, for a period of one to three years, may be requested by companies that have challenged anti-mafia measures. Once arranged, the effects of the measures are suspended.

The judicial administration of goods and businesses will also be possible for activities of persons: a) affected by a measure limiting the use of assets (short of seizure) or b) who are still subject to criminal proceedings for specific mafia offenses or for serious crimes against the public administration. The duration is doubled what it has been so far, with a possible extension for a period of up to two years. Upon expiration, it can be revoked and converted into judicial control. The judicial curator exercises all the powers that belong to the owners/holders.

(1 of 3 – To be continued)



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