LA CONFISCA DI PREVENZIONE E L'AMMINISTRAZIONE GIUDIZIARIA DI COMPLESSI AZIENDALI

This research aims to examine the prevention measures set against criminal and Mafia organizations and their economic expressions in the Italian system. When Mafia acts like an economic operator or business it is necessary to neutralize its power and the consequent negative effects on the legal society and market. In recent years, the Legislator is realizing that the best way to reach prevention is to attack the illegal properties of Mafia and remove the basis for their development. It is possible to use the same negative prevention measures (preventive seizure, confiscation and legal administration – articles 20, 24 and 34 D.lgs. nr. 159/2011) like instruments to reach positive prevention through a rehabilitation procedure for criminal companies and their re-integration to the legal marketplace. That action could create huge benefits for the people in terms of legality perception, welfare, employment, legal and free competition, etc. and promote an economic upturn of the legal business system. Despite this, our positive prevention model does not currently work whenever prevention measures are directed to the assets of companies. Confiscated companies very often collapse and default. Therefore our research investigates about the causes of this failure and, at the same time, looks for the factors that led to success in rare cases of restored companies. The job also analyses the latest works and studies on reform carried out by specialized commissions (led by Garofoli, Fiandaca, Bindi and Gratteri) and under ongoing discussion in Parliament with bills nr. 2134/2015, 1687/2014 and 1138/2013: they all seem to dedicate greater importance to the positive prevention policies. At the end, the results of the research allow the Author to propose some considerations in a future perspective about the renovation of the system of prevention against Mafia companies. The real goal of any effective prevention should be to develop the clout of recovered companies to improve the welfare of society and market. In order to do that, State should attack Mafia companies as dynamic and dangerous subject and not consider them as a collection of goods: the danger is connected to how they are managed by criminal people. Further to that, we might also conceive the prevention system to directly attack the companies as autonomous from their Mafia-connected owners.