Lexambiente (Apr 2020)
The constitutional legitimacy of art. 452-quaterdecies, last co., c.p.and its relationship with art. 452-undecies of the Criminal Code
Abstract
The paper aims at analysing a recent Supreme Court decision concerning the objection of constitutional legitimacy related to the compulsory confiscation provided for by the last subsection of the art. 452-quaterdeciesc.p. (Organized activities of illegal traffic of wastes). The abovementioned confiscation acts in a broader way if compared to the one provided by the art. 452-undeciesc.p. Indeed, the latter does not operate if the defendant realises restoring or remedial conducts related to the aftercare of the involved site. The Supreme Court justifies the different regulation between the two confiscation just evoking the dissimilarity of the two provisions and therefore rejected the objection, probably in a such a short time for an issue that has so many consequences on the practical plain
