What is it about?
The article deals with "non-conviction based extended confiscation". This is a model of confiscation that targets those illegal proceeds whose criminal origin is established according to presumptions.
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Why is it important?
I propose to analyse "non-conviction based extended confiscation" under the principle of proportionality. This could help European and national courts to understand each other when dealing with this measure; as well as to impose a minimum constraint on it, irrespective of the acknowledgement of its punitive nature.
Perspectives
The article encourages the debate on the legitimacy of "non-conviction based extended confiscation". Although the resort to the principle of proportionality as a benchmark might be risky, as it might make us overlook the question of the punitive nature of the measure, it could suggest a "pragmatic approach" to challenge it. Indeed, as the non-punitive and non-criminal nature of the measure is strongly asserted by courts, the principle of proportionality could serve as an effective tool to curtail the intrusive effects of confiscation on the rights of the individual.
Sofia Milone
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This page is a summary of: On the borders of criminal law. A tentative assessment of italian “non-conviction based extended confiscation”, June 2017, SAGE Publications,
DOI: 10.1177/2032284417711573.
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