Tokens: Prior
to
our
Court
’s
judgment
in
the
case
of
Sud
Fondi
,
the
Italian
administrative
authorities
could
order
the
confiscation
of
property
which
had
been
transformed
in
breach
of
the
rules
applicable
to
orderly
land
use
(
planning
regulations
)
.
Those
measures
sought
to
restore
legality
:
once
criminal
proceedings
had
been
brought
against
an
individual
on
charges
of
illegal
transformation
of
land
,
the
criminal
court
had
jurisdiction
to
order
the
confiscation
of
the
illegally
transformed
land
,
subject
to
establishing
that
the
transformation
was
actually
illegal
.
The
court
could
thus
order
a
measure
similar
to
that
which
could
be
taken
by
the
administrative
authorities
.
According
to
the
domestic
law
provisions
existing
at
the
time
and
the
interpretation
thereof
by
the
national
courts
,
confiscation
ordered
by
criminal
courts
was
an
administrative
sanction
,
because
it
was
a
measure
intended
to
restore
legality
.
It
was
not
regarded
as
a
punitive
measure
linked
to
the
personal
liability
of
the
accused
;
it
was
warranted
by
the
mere
fact
that
the
transformation
was
illegal
.
According
to
the
Sud
Fondi
judgment
,
however
,
the
confiscation
measure
was
a
“
penalty
”
within
the
meaning
of
Article
7
§
1
of
the
Convention
.
That
analysis
entailed
that
such
a
measure
could
be
imposed
only
on
the
basis
of
a
sufficiently
precise
law
and
on
the
condition
that
there
was
a
mental
link
between
the
objectively
illegal
acts
and
the
person
who
committed
them
:
an
element
of
liability
had
to
be
established
in
that
person
’s
conduct
.
The
Italian
courts
attempted
to
implement
the
Sud
Fondi
judgment
,
thus
leading
to
an
interpretation
of
domestic
law
whereby
a
confiscation
order
could
be
issued
only
against
a
person
“
whose
liability
[
had
]
been
established
through
a
mental
link
”
(
awareness
and
intent
)
with
the
acts
in
question
.
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