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Seizing the shares of a company, if it is aimed at preventing the protraction of the hypothesized criminal activity is legitimate: Criminal Court of Cassation, sentence no. 51251/2019
- 20/01/2020
The Criminal Cassation, with a recent sentence n. 51251 of 19 December 2019, established the following principle: ‘seizing the shares of a company is legitimate if this measure is intended to prevent the continuation of the hypothesized criminal activity, since what matters in these cases is not the ownership of the assets but its allegedly illegal management, and on the other hand, the preventive seizure may be regarded as suitable to prevent the commission of further crimes, albeit in a mediated and indirect manner, since it deprives the shareholders of the rights relating to the seized quotas’.
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