MAFIE E IMPRENDITORIA. ANALISI CRITICA DELLA VIGENTE NORMATIVA DI CONTRASTO PATRIMONIALE E PROPOSTE DI REVISIONE.

The present work proposes a critical analysis of the ablative models provided for in our legal system (criminal and preventive confiscations) through which it is possible to ‘sanction’, from a patrimonial point of view, illicit conducts ascertained in the context of interaction, infiltration or instrumentality between entrepreneurial activities and mafia organisations. In fact, it is considered necessary, in view of the progressive evolution of the mechanisms and strategies with which mafia organisations make their entry into the economic fabric by liaising with the legal business community, to carry out an accurate verification of the actuality and adequacy of such models more than 40 years after their entry into force. In this context, starting from a systematic framing of the principal anti-mafia patrimonial measures provided for by the criminal and prevention legislation (finalized to highlight the different legal nature and the different prerequisites required for their adoption) and through an in-depth jurisprudential exploration, the principal application criticalities have been identified with reference to the business realities, for the solution of which, in a de jure condendo perspective, specific proposals of modification of the current regulations are hypothesized with the pertinent technical-legal motivations. The above-mentioned reform project aims to overcome the traditional insufficiency of the conceptual tools of criminal law in the field of confiscation related to business crime, by making the anti-mafia legislation acquire considerable progress on a technical level and improving its ability to address one of the most ‘thorny’ and complex interpretative and applicative issues, i.e. the delimitation of the object of the ablatory measures against companies. Moreover, on a more general level of criminal policy, this model would have the effect of improving and adapting prevention and countermeasures to the increasingly modern manifestations of organised crime in the economic sector, according to a logic of effective proportionality and progressiveness of sanctions and, at the same time, through a synergic and complementary use of the available regulatory instruments.