There is a global trend represented by the widespread application of confiscation of criminal proceeds, particularly those obtained as a result of corruption offences. Focusing on the Italian law, this article tries to address the following three questions: 1) Why are confiscation and asset recovery so important to fight bribery and corruption crime? In other words, what is the legitimate purpose of these measures? In other words, what is the legitimate purpose of these measures? 2) How can confiscation of the proceeds of corruption offences be accomplished? and 3) Are effective confiscation regimes constitutional or do they infringe upon individual rights and liberties? The article concludes that confiscation is a key tool for tackling corruption crime since it reduces the incentive to commit bribery by removing from bribe-givers or bribe-takers the fruits of their illicit acts. However, the “traditional” method of confiscation, which is limited to the property involved in the particular offence for which the defendant was convicted, is inadequate to deprive criminals who engaged in corruption offences of their ill-gotten gains. More powerful instruments, such as extended confiscation or non-conviction-based confiscation, are required for that purpose. These instruments are constitutional as long as they merely put wrongdoers back to the economic position they occupied before committing the crime. Such legal instruments serve as remedial measures and not as punishments, and thus their imposition does not trigger those special safeguards that the Constitution and human rights require for criminal prosecutions.

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没收和资产追回：打击贿赂和腐败犯罪的更好工具

广泛适用没收犯罪所得，尤其是腐败犯罪所得的犯罪所得，代表了一种全球趋势。本文着眼于意大利法律，试图解决以下三个问题： 1) 为什么没收和资产追回对打击贿赂和腐败犯罪如此重要？换句话说，这些措施的合法目的是什么？换句话说，这些措施的合法目的是什么？2) 如何没收腐败犯罪所得？3) 有效的没收制度是否符合宪法或是否侵犯了个人权利和自由？文章的结论是，没收是打击腐败犯罪的一个关键工具，因为它通过消除行贿者或受贿者的非法行为的结果来降低行贿的动机。然而，“传统”的没收方法仅限于被告被定罪的特定罪行所涉及的财产，不足以剥夺从事腐败犯罪的罪犯的不义之财。为此目的需要更强大的手段，例如扩大没收或非定罪没收。只要这些工具只是将违法者恢复到犯罪前的经济地位，这些工具就符合宪法。此类法律文书是作为补救措施而不是惩罚措施，因此实施这些法律文书不会触发《宪法》和人权对刑事起诉所要求的那些特殊保障。