Criminal Law, Estimated Seizure of Company Holdings and Seizure of the Assets Constituted in the Company, Court of Cassation, III Section pen., Judgment n. 15755 of 10/04/2019

Legislative Decree 6 September 2011, n. 159

The Third Section of the Court of Cassation stated that it must be excluded that, by virtue of the reference made by art. 104-bis, paragraph 1-bis disp. att. cod. proc. pen. to the provisions of Legislative Decree 6 September 2011, n. 159, the preventive seizure of company equity investments may also have as a consequence the seizure of the assets constituted in the company, as foreseen instead in terms of prevention measures by art. 20 of the aforementioned decree, given that the scope of this last provision cannot be extended to include the precautionary seizure, in consideration of the different “rationes” of the two systems, the precautionary system being regulated by the principle of proportionality with respect to the entity of the illicit profit achieved through the crime.

Source Supreme Court of Cassation