confiscation, criminal procedure, case dismissal, procedural safeguards, preliminary chamber judge
Abstract
This article provides a critical and applied analysis of the special procedure regulated by article 549¹ of the Criminal Procedure Code, emphasizing the legal challenges arising when it is applied in the context of a case dismissal. The study examines the strict procedural framework that binds the preliminary chamber judge, especially the impossibility of modifying the limits set by the Public Ministry. It insists on the need for individualized confiscation measures with respect to each procedural subject and asset involved, rejecting the idea of “solidary” confiscation as incompatible with the principle of legality in criminal sanctions. Moreover, it offers a detailed review of evidentiary issues, drawing attention to the risks of reassessing the merits of a criminal accusation without a functional procedural basis. The reader will find a systemic and well-argued interpretation of a procedure insufficiently defined by law, yet with a significant impact on the balance between public interest and the right to defense. The article invites a reconsideration of how confiscation is handled outside the trial stage, while highlighting the constitutional and conventional boundaries of such judicial intervention.
