Jurisdiction and Competence in Criminal Matters: An Analysis of Judgment Cass. pen., Section I, No. 49358 of 2023

The recent judgment of the Court of Cassation, No. 49358 of 2023, has provided important clarifications on criminal jurisdiction and competence, particularly regarding transnational money laundering offenses. In this article, we will analyze the main aspects of the decision, highlighting the practical implications and the relevant norms.

The Context of the Judgment

The central issue concerns a conflict of competence between the Court of Brescia and the Court of Review of Milan. The Preliminary Investigations Judge (GIP) of the Court of Brescia raised the conflict, arguing that competence for the case of A.A., accused of money laundering, should be attributed to Brescia, where part of the illicit conduct had materialized. Conversely, the Court of Review of Milan had already declared its territorial incompetence.

The crime of money laundering is consummated with the realization of the dissimulative effect resulting from the typical conduct provided for by Article 648-bis of the Italian Criminal Code.

The Court's Reasoning

The Court declared the competence of the Court of Brescia, emphasizing that the connection between the various alleged offenses and the money laundering offense was indisputable. In fact, according to Article 28 of the Italian Code of Criminal Procedure, when two judges declare themselves incompetent, a procedural stalemate is created. The Court therefore had to resolve this conflict, establishing that the consummation of the money laundering offense occurred in the place where the dissimulative operations materialized.

Implications of the Judgment

This decision has significant repercussions on the management of criminal proceedings, particularly in relation to:

• Identification of the place of consummation of the offense
• Connection between offenses and territorial competence
• Application of rules on jurisdictional competence

The principle established by the Court contributes to clarifying that money laundering, as a free-form offense with progressive consummation, can be considered consummated in multiple locations, depending on the phase of the illicit conduct.

Conclusions

Judgment No. 49358 of 2023 represents an important step forward in defining jurisdictional competence in criminal matters. It highlights the need for careful assessment of the places where offenses are consummated, especially in complex cases such as transnational money laundering. The decision of the Court of Cassation not only clarifies the dynamics of competence but also offers insights for a broader reflection on the interconnections between various offenses and their respective jurisdictions.