Criteri e modalità per attuare in Italia i provvedimenti della Corte penale internazionale in materia di confisca: alcune osservazioni sul recente decreto del Ministro della giustizia

By Decree No. 61 of 31 March 2020 the Italian Minister of Justice has completed the mechanism designed to implement the forfeiture of assets derived directly or indirectly from the crime that may be ordered by the International Criminal Court («ICC») under Article 77 of the Rome Statute. Article 21 No. 5 of Law No. 237/2012 implementing the Rome Statute in Italy makes the duty to enforce a decision of the ICC on the forfeiture of assets conditional upon the enactment of a decree of the Minister of Justice. Decree No. 61 now requires the General Prosecutor of the Court of Appeal in Rome to apply to that Court for an enforcement order to execute the forfeiture of proceeds, property and assets derived directly or indirectly from the crime. The Court of Appeal of Rome may refuse the forfeiture if the asset belongs to the State cultural heritage, although the Rome Statute does not provide for this ground for refusal.