Italian preventive confiscation proceedings: a model for the EU? Features of the Italian framework for proceedings "in criminal matters"

This volume is edited and funded as part of the activities of the PRECRIM project (EAC- A02-2019-JMO project ID: 620237), conducted by a group of scholars, mainly from four European academic Institutions, Università del Piemonte Orientale, Faculdade de Dereito da Universidade do Porto, Universität Mannheim, University of Ljubljana, in order to compare different national regulations of preventive measures with the EU instruments, with a specific focus on the compliance with fundamental rights. The volume collects the proceedings of a seminar for junior researchers, held on 28th January 2022. The seminar aimed to familiarize participants with the existing EU instruments, in particular the Regulation EU 2018/1805, in the field of mutual recognition of confiscation orders and to enhance the discussion about their compliance with fundamental rights. As a blueprint of the whole research project, the comparative approach, the confrontation between professionals, the debate with public opinion allowed to understand how the national experiences can be a useful basis for the developing European legal platform. This book aims to raise awareness between professionals, stakeholders, EU institutions about the importance of an academic discussion and theorization of preventive measures, in order to avoid severe violations of fundamental rights. If it is true that preventive measures may turn out to be more effective than punishment in combating organised crime, it is the purpose of this volume and the PRECRIM project to shed light on the importance ofestablishing a balance with the defence rights and the principle of the fair trial.