Cass. Pen., Sec. I, Judgment, no. 25600 of 2023: Reflections on Fraudulent Bankruptcy and Money Laundering

The recent judgment no. 25600 of the Court of Cassation, issued on June 14, 2023, offers important food for thought regarding the crimes of fraudulent bankruptcy and money laundering. In this article, we will analyze the main points of the decision, highlighting the legal and practical implications for legal professionals.

Context of the Judgment

The case concerned A.A., involved in a complex affair of fraudulent bankruptcy and money laundering linked to the company Margan Srl, declared bankrupt in 2008. The Court of Appeal of Reggio Calabria, in the referral process, had confirmed the conviction for bankruptcy by misappropriation and money laundering, but the Court of Cassation annulled the sentence for the bankruptcy offense, deeming that the fact did not exist.

The Court of Cassation held that the sale transaction did not involve a real depletion of assets for the bankrupt company.

Analysis of Fraudulent Bankruptcy

The Court highlighted how the existence of the crime of bankruptcy by misappropriation had been erroneously assessed by the territorial court, which had focused on the non-payment of VAT without clarifying whether such an amount had actually entered the assets of the bankrupt company. This aspect is crucial, as the absence of a real depletion of assets excludes the configurability of the crime.

• The sale of the property, which occurred through the buyer's assumption of mortgages, was considered exonerating.
• The Court reiterated the importance of demonstrating actual economic damage to configure bankruptcy.

The Crime of Money Laundering

Regarding the crime of money laundering, the Court of Cassation annulled the judgment of the Court of Appeal with referral. The Court emphasized the importance of demonstrating the subjective element of the crime, i.e., A.A.'s awareness of the illicit origin of the sums received. The vagueness of the accusations and the lack of concrete evidence led to the decision for a new examination.

Conclusions

Judgment no. 25600 of 2023 represents an important step in economic criminal law, highlighting the need for a thorough and rigorous analysis of evidence in judgments of bankruptcy and money laundering. Legal professionals must pay particular attention to documentation and the reasoning of decisions, to avoid errors that could lead to unjust convictions.