When a road offense involves a crime for which vehicle confiscation is предусмотрено, the police immediately seize the vehicle. This seizure is a temporary measure to ensure that the vehicle is not used until a final decision is made. The vehicle is then entrusted to authorized custodians.
The seizure report is sent to the prefecture within ten days. Once the judgment becomes final, the court informs the prefect, who orders the confiscation. Confiscation means that the vehicle becomes property of the State.
In cases where administrative detention (vehicle immobilization) is provided instead of confiscation, the vehicle is initially immobilized for thirty days as a provisional measure. After the final decision, the official administrative detention is applied.
It is possible to appeal both the seizure and the administrative detention.
If the crime is extinguished due to the death of the accused, the administrative penalty is also extinguished. If it ends for other reasons, the authority evaluates whether the conditions for confiscation or detention still exist.
If the case ends with a final acquittal, the vehicle must be returned to its owner. Until then, the provisional measures remain valid.
This rule ensures that vehicles used in serious offenses are removed from dangerous drivers and that judicial decisions are effectively enforced.
🔗 Read the official text of Art. 224 ter on the ACI portal (Italian)
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