L’aggressione dei patrimoni di sospetta origine illecita tra efficienza e garantismo. Scenari attuali di un fenomeno globale tra diritto interno, comparato, europeo ed internazionale

This thesis attempts to map the non-conviction based sanctions aiming at both to recover cash and property suspected of obtaining through an unlawful conduct, as italian “confisca di prevenzione” and common law civil forfeiture or civil recovery, and to freeze assets of suspected terrorists. Others italian preventive measures such as the “amministrazione giudiziaria dei beni connessi ad un attività economica” and the “misure di gestione straordinaria” are considered as well. The author even analyses the international and european framework: some United Nations and Council of Europe Conventions, some UN Security Council Resolutions, Financial Action Task Force (FATF) Recommendations, European Regulations and Directive, in particular the 42/2014/UE Directive. The latter aims to develop an european confiscation model taking account the different practices across EU as to how the proceeds of crime are recovered. These sanctions have heightened potential for human rights issues which have been analysed by European Court of Human Rights, Court of Justice and National Courts’ decisions.