Course Rosario Livatino “Seizure of assets to combat organized crime: investigations, evidence and judicial proof” - 5910

Start Date: Monday, March 05, 2012
End Date: Wednesday, March 07, 2012
Category: Criminal Law Judicial Cooperation in Criminal Matters
Venue: Rome, Ergife Palace Hotel
Country: Italy
Leading organisation: Consiglio Superiore della Magistratura
Cooperative Partner:
Language(s): Italian
Training level:
Target audience:
Participants(EJTN): 3
Contact: Gianluca Grasso
Contact e-mail:
Contact phone: +39 644491420

Course Description

Subject: The fact that criminal organizations have a considerable degree of economic power is proven not only by the evidence that is found through investigation but also by the converging scientific observations in the field.
This determines the need to take appropriate and effective enforcement action, aimed not only at the recovery of illegal profits, but also at guaranteeing the correct functioning of the free market. In order to do so, it is first necessary to provide, both at national and international level, for appropriate and effective enforcement legislation, fit to deal with the rapid and multifaceted economic and financial processes. To that end, the regulations governing the procedures for the taking and assessment of evidence must be properly adjusted and the various national legislations and the judicial cooperation harmonized.
Another central element of the course is the specialized professional training of investigators and judicial and prosecuting judges operating in that sector, it being understood that the conduct of effective investigations on the assets and capital of the parties concerned requires a specific knowledge of the financial dynamics, of corporate law, of the regulations governing the preparation of financial statements and of the baking structures, but also the ability to combine such elements with the potential of the traditional investigative instruments (testimonial information, interceptions, telematic investigations, documental acquisitions, etc.), so as to match the data in an effective manner and identify the composition and ownership of the cash flows and of the assets connected with organized crime or used by the latter for unlawful purposes.
In this context, the course aims to offer a general overview of the instruments for fighting the accumulation, circulation and reuse of the large profits of organized crime, taking into account not only national and international legislations, but also the specialized investigative instruments and  techniques.
The ultimate goal is to identify a solid link between the investigative and assessment phases, in such a way that, from the onset of the preliminary investigations, effective and in-depth assessments on the illegal assets are conducted, while taking account of the various options made available by our legal system.
From a different perspective, participants will have the opportunity to take stock of the significant innovations made in 2008 and 2009 to the system of precautionary seizure of assets, with particular reference to the autonomy that exists between measures against the person and measures against the assets. Furthermore, a number of critical aspects of the administration of assets and of business activities in the confiscation phase will be tackled, and a first assessment of the activities carried out by the Agenzia Nazionale for the administration of seized and confiscated assets will be performed.
Lastly, the various innovations introduced by the “antimafia code” will be examined in relation to the enforcement of seizure and confiscation measures, precautionary measures, the administration of assets under confiscation and the protection of third parties.
Objectives: the goal is to provide participants with basic information on the legal system that provides for the attack of assets of criminal organizations as a privileged form of fighting organized crime and identifying best practices and investigative techniques.
Structure and methodology: the course will be based on a systematic reconstruction of the investigative and procedural instruments concerning matters related to seizure and confiscation, with a focus on the prospect of international cooperation and of the compatibility of such instruments with the structure of a fair trial, as well as with the fundamental guarantees emerging from the European Convention on Human Rights.
These issues will be developed through both face-to-face presentations and the workshop technique, which will focus primarily on the analysis of practical cases with the aim to tackle the issues connected with the techniques of investigation on assets.
Candidates: judicial and prosecuting magistrates of first instance and high court, in equal proportions. Furthermore, a number of critical aspects of the administration of assets and of business activities in the confiscation phase will be tackled, and a first assessment of the activities carried out by the Agenzia Nazionale for the administration of seized and confiscated assets will be performed.
Lastly, the various innovations introduced by the “antimafia code” will be examined in relation to the enforcement of seizure and confiscation measures, precautionary measures, the administration of assets under confiscation and the protection of third parties. 
Objectives: the goal is to provide participants with basic information on the legal system that provides for the attack of assets of criminal organizations as a privileged form of fighting organized crime and identifying best practices and investigative techniques.
Structure and methodology: the course will be based on a systematic reconstruction of the investigative and procedural instruments concerning matters related to seizure and confiscation, with a focus on the prospect of international cooperation and of the compatibility of such instruments with the structure of a fair trial, as well as with the fundamental guarantees emerging from the European Convention on Human Rights.
These issues will be developed through both face-to-face presentations and the workshop technique, which will focus primarily on the analysis of practical cases with the aim to tackle the issues connected with the techniques of investigation on assets.
Candidates: judicial and prosecuting magistrates of first instance and high court, in equal proportions.