Instytucja rozszerzonego przepadku mienia w Republice Włoskiej a rozwiązania polskie

Abstract

The article analyses the institiution of extended confiscation in the Italian Republic where such solution has been functioning for over twenty years, depriving criminal organisatuions of assets worth hundreds of milions euro. The aricle elaborates on the most important characteristics of the italian institiution and adresses the controversies they rise together with related doctrine and judgments of the supreme court. The characteristics have been confronted with the solutions introduced into the Polish legal system by the law od 23 march 2017. The new regulations allow in certain situations to confiscate an entire enterprise belonging to a person that didn’t comit the crime, introduce the possibility of confiscating assets even if the perpetrator is not recognized and a presumption that any asset bought in 5 years before comittment of a crime is a profit from the crime.