CEDH · CASELAW;CLIN;ENG — 10 juillet 2023

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s97EB40D9 { margin-top:12pt; margin-bottom:14pt; page-break-after:avoid } .s65B66A85 { margin-top:12pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Legal summary May 2026 Cavallotti v. Italy (relinquishment) - 29614/16, 44617/16, 44618/16 et al.   Article 6 Civil proceedings Criminal proceedings Article 6-1 Fair hearing Article 6-2 Presumption of innocence Non-conviction based “preventive confiscation” of the applicants’ assets presumed to be proceeds of unlawful activities despite the acquittal of some of the applicants in criminal proceedings: relinquishment in favour of the Grand Chamber Article 7 Article 7-1 Nulla poena sine lege Non-conviction based “preventive confiscation” of the applicants’ assets presumed to be proceeds of unlawful activities despite the acquittal of some of the applicants in criminal proceedings: relinquishment in favour of the Grand Chamber Article 1 of Protocol No. 1 Article 1 para. 1 of Protocol No. 1 Peaceful enjoyment of possessions Non-conviction based “preventive confiscation” of the applicants’ assets presumed to be proceeds of unlawful activities despite the acquittal of some of the applicants in criminal proceedings: relinquishment in favour of the Grand Chamber The four applications were lodged by seven applicants and fall into two groups. The first group comprises three applicants who were prosecuted on charges of participation in a mafia-type criminal organisation. In 2010 they were acquitted by a final Court of Appeal judgment. In separate proceedings for the application of a “preventive confiscation” measure the domestic courts found that these three applicants were “suspected of membership of a mafia-type criminal organisation” and based on their “special dangerousness” ordered the confiscation of a large number of their assets, including several companies belonging to them or members of their family, namely, the four applicants in the second group. The courts considered that all such assets were at the disposal of the applicants in the first group on account of the discrepancy between the value of these assets and their owners’ lawful income and the inability of the latter to demonstrate their lawful origin. The confiscation became final with a judgment of the Court of Cassation delivered in 2016. The applicants complain under Article 6 § 1 of the excessive burden of proof as to the ownership and origin of the assets, of the use of presumptions and that the courts’ decisions were based on mere suspicions. They further complain under Article 6 § 2 of a violation of the presumption of innocence on account of their previous acquittal and under Article 7 of the imposition of a penalty without a previous finding of criminal liability. Lastly, they complain Article 1 of Protocol No. 1 of an unlawful and disproportionate interference with their property rights. On 5 May 2026 a Chamber of the Court relinquished jurisdiction in favour of the Grand Chamber both in this case and in that of Macagninon and Marzo v. Italy.   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. To access legal summaries in English or French click here . For non-official translations into other languages click here .