Published on 15 July 2024
FIRST SECTION
Application no. 34322/15
Ruggero RAGAZZONI and Others against Italy
and 2 other applications
(see list appended)
communicated on 28 June 2024
SUBJECT MATTER OF THE CASES
The applications concern the combined effect of the confiscation of the price or proceeds of crimes, imposed in the course of criminal proceedings, and the order, issued by the Court of Audit, to pay damages resulting from the same conducts.
The applicants were prosecuted and convicted for several crimes. In the context of criminal proceedings, the domestic courts ordered the confiscation of the price or proceeds of the crimes, pursuant to Articles 240, 322-ter and 640 quater of the Criminal Code.
The applicants were subsequently brought before the Court of Audit in order to determine their liability towards the public administration for the same conducts that had been sanctioned by the criminal courts. In that context, the applicants argued that the confiscated amounts should have been deducted from the damages suffered by the public administration, in order to avoid a duplication of compensation. The Court of Audit, relying on the different nature and purpose of the two measures, rejected the applicants’ argument and ordered them to pay damages in full.
More detailed information on the national decisions and on the measures imposed to the applicants are indicated in the appended table.
Invoking Article 1 of Protocol No. 1 to the Convention, the applicants complain that the combined effect of the confiscation and of the damage award resulted in an excessive burden and was disproportionate to the aim of compensating the public administration for the damage suffered.
QUESTION TO THE PARTIES
Has there been a violation of Article 1 of Protocol No. 1 to the Convention? In particular, was the interference with the applicants’ assets necessary and proportionate to the aim pursued? Taking into account the prior confiscation of assets, did the damage awards issued by the Court of Audit impose an excessive burden on the applicants?
APPENDIX
List of applications
No.
Application no.
Case name
Introduction date
Applicant’s name
Year of birth
Place of residence
Nationality
Representative’s name
Location
Criminal proceedings
Proceedings before the Court of Audit
1.
34322/15
Ragazzoni and Others v. Italy
13/07/2015
Ruggero RAGAZZONI
1949
Turin
Italian
Davide RAGAZZONI
1969
Rivoli
Italian
Laura TINGHI
1941
Turin
Italian
Manuela ZAMPINI
1969
Rivoli
Italian
Gianni Maria SARACCO
Turin
Milan District Court, 18/01/2010: the applicants were convicted of participating in a criminal organisation (Article 416 of the Criminal Code, "CC"), corruption (Articles 319 and 321 CC) and fraud against the State (Article 640 § 2 CC); they were subject to the confiscation by equivalent means (confisca per equivalente) of the proceeds of crimes pursuant to Article 322 ter and 640 quater CC, in the following amounts:
- Ruggero Ragazzoni: 157,125 euros (EUR) (EUR 257,125 minus the amount already reimbursed to the Presidency of the Council of Ministers);
-Davide Ragazzoni: EUR 147,125;
-Laura Tinghi: EUR 257,125;
- Manuela Zampini: EUR 147,125.
Milan Court of Appeal, 17/01/2011: previous decision confirmed;
Court of Cassation, 25/10/2011: previous decision confirmed.
Court of Audit (Piedmont Section), 1/10/2012: the applicants were found liable towards the Ministry of Justice and ordered to pay damages, jointly with two others who are not parties to the present proceedings, in the following amounts:
- Ruggero Ragazzoni: EUR 469,240;
- Davide Ragazzoni: EUR 274,240;
- Laura Tinghi: EUR 471,000;
- Manuela Zampini: EUR 274,240.
Appellate Court of Audit, 27/01/2015: previous decision confirmed.
2.
34324/15
Florio v. Italy
13/07/2015
Mario Emanuele FLORIO
1941
Turin
Italian
Monica FLORIO
1971
Turin
Italian
Salvatore FLORIO
1973
Turin
Italian
Gianni Maria SARACCO
Turin
Milan District Court, 18/01/2010: the applicants were convicted of participating in a criminal organisation (Article 416 CC), corruption (Articles 319 and 321 CC) and fraud against the State (Article 640 § 2 CC); they were subject to the confiscation by equivalent means of the proceeds of crimes pursuant to Article 322 ter and 640 quater CC, in the following amounts:
- Mario Emanuele Florio: EUR 670,701;
- Monica Florio: EUR 191,641;
- Salvatore Florio: EUR 191,641.
Milan Court of Appeal, 17/01/2011: the crimes of corruption and fraud were declared statute barred and the conviction under Article 416 CC was confirmed; the confiscation was converted into direct confiscation of the proceeds of crimes, pursuant to Article 240 CC.
Court of Cassation, 25/10/2011: previous decision confirmed.
Court of Audit (Piedmont Section), 1/10/2012: the applicants were found liable towards the Ministry of Justice and ordered to pay damages, jointly with two others who are not parties to the present proceedings, in the following amounts:
- Mario Emanuele Florio: EUR 1,204,457.06;
- Monica Florio: EUR 333,439.16;
- Salvatore Florio: EUR 333,439.16.
Appellate Court of Audit, 27/01/2015: previous decision confirmed.
3.
65192/16
Bassignana v. Italy
04/11/2016
Luigi BASSIGNANA
1959
AOSTE
Italian
Bruno NASCIMBENE
Milan
Aosta preliminary investigations judge, 4/04/2006: approval of the plea bargain for the crime of corruption (319, 319 bis and 321 CC); the applicant was subject to the confiscation of the price of crimes pursuant to Article 322 ter CC, in the amount of EUR 400,000.
Court of Cassation, 20/02/2007: previous decision confirmed.
Criminal proceedings in Switzerland, concluded by judgment of the Federal Criminal Court of 14/06/2012: the applicant was convicted for money laundering and subject to the confiscation of EUR 351,489.35 (not to be added to the confiscation ordered by Italian courts).
Court of Audit (Valle d’Aosta Section), 18/02/2009: the applicant was found liable towards the Valle d’Aosta Region and ordered to pay damages amounting to EUR 500,000.
Appellate Court of Audit, 1/04/2014 (communicated on 6/05/2016): the damage award was increased to EUR 750,487.57.