Cassation court annuls vehicle confiscation when criminal offense is extinguished by positive probation test.
Sintesi Legislator
Generato dall'IAThe court annulled the prefect's order confiscating the vehicle because the underlying criminal offense was extinguished by a positive probation test. The lower court incorrectly applied administrative penalties without recognizing that the extinction of the crime precludes the accessory sanction of confiscation. The Supreme Court ruled that the statutory provision allowing confiscation upon extinction violates the constitutional principle of equality.
Regesto Legislator
Generato dall'IAArt. 224 ter, comma 6, del codice della strada; Art. 3 Cost.: The confiscation of a vehicle as an accessory administrative sanction cannot be applied when the underlying criminal offense is extinguished by a positive probation test, as such application violates the constitutional principle of equality.