Judgment No. 11594 of 2024: The Retroactivity of Anti-Money Laundering Law and the Principle of Favor Rei

Judgment No. 11594 of April 30, 2024, by the Court of Cassation, addressed a matter of great significance in administrative and criminal law, particularly concerning anti-money laundering regulations. This ruling offers insights into the retroactivity of more favorable laws and the principle of favor rei, fundamental principles in protecting citizens' rights and interpreting legal norms.

The Regulatory Context

The case examined by the Court falls within the scope of Legislative Decree No. 231 of 2007, which governs money laundering matters. Specifically, Article 69, as amended by Legislative Decree No. 90 of 2017, introduces the possibility of applying more favorable provisions retroactively to individuals involved in proceedings for violations of anti-money laundering regulations.

Violation of anti-money laundering regulations - Art. 69 of Legislative Decree No. 231 of 2007 - Retroactivity of a subsequent, more favorable law - Occurrence during the merits or legitimacy proceedings - Applicability also ex officio - Rationale. In the context of anti-money laundering regulations, Article 69 of Legislative Decree No. 231 of 2007, introduced by Article 5, paragraph 2, of Legislative Decree No. 90 of 2017, provides for the retroactivity of a subsequent, more favorable law, in derogation of the general principle of non-retroactivity in administrative sanctions; therefore, where more favorable provisions emerge during the merits or legitimacy proceedings, they must be applied even ex officio, as the purely public nature and purpose of the favor rei principle prevail over preclusions arising from rules on appeals.

Implications of the Judgment

The Court of Cassation, upholding the principle of favor rei, established that if new, more favorable provisions emerge during the proceedings, they must be applied even ex officio. This protective approach not only safeguards the rights of the individuals involved but also reflects a broader trend towards a justice system aligned with principles of equity and reasonableness. The practical consequences of this decision can be significant for the many individuals facing administrative sanctions for violations of anti-money laundering regulations.

Conclusions

In conclusion, Ordinance No. 11594 of 2024 represents an important step forward for anti-money laundering law in Italy. The retroactivity of more favorable provisions, as established by the Court, not only reinforces the principle of favor rei but also underscores the importance of a legal system that evolves and adapts to the needs of justice and the protection of individual rights. Legal professionals and interested parties should pay close attention to these developments, as the implications of the judgment could significantly influence future decisions regarding sanctions and liabilities.