Da patrimonio confiscato a impresa sociale: riti di liberazione o pratiche di rigenerazione?

The confiscation of criminal assets arises from legislation that has adopted protean and mutable forms depending on the varying criminal policy objectives pursued. The form reflects the substance of a multifaceted legal instrument whose purpose is the "seizure of assets in favor of the State" (Lasalvia 2020, p. 1). Its legal configuration is defined by the profiles of its targets, the objects involved, and the legislative intents (rationes legis), which focus on the disproportionate wealth of affiliates (or suspects) associated with criminal organizations. The implementation of this patrimonial measure must also demonstrate the incorporation of both material and symbolic advantages. These advantages transcend generic criteria of legal equity, establishing a measure proportionate to the lowest administrative cost and the highest operational efficiency (Fiandaca, Visconti 2022).