Biblioteca PGR


PP1046
Analítico de Periódico



PIOLETTI, Ugo
The legal nature of confiscation of the profit of the crime / Ugo Pioletti
Diritto Penale XXI Secolo, a.19 n.2 (luglio-dicembre 2020), p.245-262


DIREITO PENAL, PERDA DE PRODUTOS DO CRIME, CONFISCO

The paper deals with the problem of the legal nature of the confiscation of the profit of the crime. The evolution of the criminal penalty proceeds from the definitive elimination of the offender from the social context to the temporary removal of personal freedom of the same. The circumstance that the criminal penalty has now, in most cases, only a temporary effect, beyond which the offender returns to the social context, makes it possible that, if the profit deriving from the crime remains in the availability of the offender, “the crime pays” and imposes the confiscation in order to ensure the effectiveness of those rules of such importance that they must be guaranteed by criminal law. For this reason, it can be said that confiscation of the profit of the crime participates in the same legal nature as the penalty in the strict sense.