According to the Italian Law 161/2017 (amending Legislative Decree 159/2011, s.c. Anti-Mafia Code), non-conviction based confiscation measures, i.e., measures that allow for confiscation in the absence of a prior criminal conviction of an individual, can now be applied also to recover assets of people charged with conspiracy to commit various crimes against the public administration such as, in particular, corruption and concussion. In Italy, these measures have represented so far one of the main instruments in the fight against Mafia-type criminal organisations: although entailing a restriction of the right to property, they were considered to be compliant with the conditions set in Art. 1 of Protocol No. 1 to the ECHR and, due to the emergency situation represented by Mafia, proportionate to the purpose for which they were applied. The new legislation raises the question whether the position of ECtHR about anti-Mafia measures is applicable to similar anticorruption measures.