| Summary: | The confiscation pursuant to art. 44 of Presidential Decree no. 380 of 6 June 2001 can be ordered despite the expiring of the statute of limitation of the criminal offence of unlawful site development, as long as the offence has been ascertained, under both its objective and subjective elements, in the context of a due process of law; nevertheless, once the statute of limitation has expired, the trial cannot continue for the sole purpose of carrying out the aforementioned assessment, in accordance with art.129, para. 1, of the Italian Code of Criminal Procedure. If the statute of limitation expires during an appellate procedure, the appellate court is required to decide on the appeal, according to art. 578-bis of the Italian Code of Criminal Procedure, for the sole purpose of the confiscation.
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