Sequestro preventivo funzionale alla confisca e conti correnti bancari: la commixtio nummorum che disorienta la Cassazione

The paper examines critically the conclusions recently drawn by the Supreme Court about the suitability of the preventive seizure aimed at direct confiscation, where the profit of crime consists of an amount of money, to extend the scope beyond the surpluses held in bank accounts on the date of application of the precautionary measure and therefore to affect - without deadline - the sums of money not yet deposited up to the amount arising from the alleged offence. The author points out, in this perspective, the systematic contradictions caused by this interpretation, based on the misunderstood fungible nature of money, wich tends to confuse direct confiscation and confiscation of
equivalent value