The Messina Review Court (President of the Micali, Crisafulli and Monforte members), canceled the seizure of over 250 thousand euros ordered by the investigating judge against the Catania accountant Salvatore Virgillito, accepting the appeal presented by the lawyers Alberto Gullino and Angelo Mangione.
The story as part of the investigation into the management of the Barcelonese company Bellinvia of the ofria family, which according to the prosecutor continued to be under the control of the group despite the confiscation.
“Lacking the reasons – explain the two lawyers – which will be deposited within 30 days, we cannot know which among the profiles highlighted in the appeal we have been accepted, which therefore, here we recall briefly.
Given that the only profit identified by the prosecutor and the investigating judge consists of the emoluments received by dr. Virgillito as a judicial administrator, not due to him – in accusation theses – because he would have only apparently played this role, in fact allowing the of the of the hills to continue to manage their enterprise even after the confiscation, he deduced, by the defense, that this thesis is logically and legally unsustainable.
Logically, because it is not clear for what absurd reason dr. Virgillito – who arrived at the apex of maturity and professional and economic success – would have risked “suicide morally and professionally” only to forfeit the compensation deriving from the judicial administration of the Bellinvia company in confiscation. That is, he would have decided to criminal only to continue to collect what he already perceived without criminal.
Legally, because the canceled provision is based on the confiscability of the money (and therefore on the not need for a pertinent connection with the crime), thesis overcome today by the most recent jurisprudence of the United Sections, according to which the “profit” must correspond to a “material change, current and positive sign of the situation
property of his beneficiary “and” must derive from the crime that presupposes him “(Cass. Pen. Section Una., 26/09/2024, dep. 8/03/2025, n. 13783)”.