The decree comprises 16 articles divided in 5 titles; Title I only mentions it transposes the directive; Title II covers confiscations and amendments to Penal Code, Code of Criminal Procedure, Civil Code, Environmental Code and other Legislative decrees.
Title III on pre-confiscation sales amends President Decree 115/2002, DLgs 159/2011.
Title IV deals with confiscation of crypto-assets, amends DLgs 271/1989 and sets up portfolio management service for seized crypto-assets and Title V has final provisions.
Re the latter, each year, Ministry of Justice must submit statistical data to the EC.
Data to include number of preventive seizures carried out pursuant to Art 321.2 Code of Criminal Procedure; number of confiscations carried out; estimated value of assets subject to preventive seizure; estimated value of assets recovered at confiscation time.
Also number of requests for seizure orders to be executed in another Member State;
Number of requests for confiscation orders to be executed in another Member State;
Value, or estimated value, of assets recovered following execution in another EU State.
As well as value of confiscated assets compared to their value at the time of seizure, where available at central level; breakdown of figures, values by type of confiscation.
Number of pre-confiscation sales; value of assets for reuse for social purposes.
The decree includes a financial neutrality clause but no express in force date.
Effectiveness
Due to internal rules and lack of express in force date, decree will apply as of Oct. 31.
Regulators
ITA GVT
Entity Types
B/D; Bank; CNSM; Corp; HF; Inv Co; MSB
Reference
OG 241, 26G00203, 10/16/2026; DLgs 186/2026, 9/25/2026; Dir 2024/1260
