Jurisdiction and Competence in Cass. pen. Sentence No. 38623 of 2024

The recent sentence of the Supreme Court of Cassation, No. 38623 of October 21, 2024, provides important clarifications regarding conflicts of competence between courts, particularly in the context of complex crimes such as money laundering and self-laundering. This decision is part of a legal framework in which the definition of jurisdiction is essential to ensure a fair trial and the effectiveness of criminal investigations.

The Context of the Conflict of Competence

The conflict of competence under examination was raised between the Judge for Preliminary Investigations (GIP) of the Court of Bergamo and that of Brescia. The central issue concerned the correct identification of the place where the alleged crimes were committed, particularly those of money laundering attributed to B.B. and a criminal organization led by A.A. The GIP of Brescia had initially held that the money laundering offenses were committed within the jurisdiction of Bergamo, but subsequently declared its own incompetence.

Territorial competence must be established based on the rule provided for by art. 16, paragraph 1, of the code of criminal procedure, which attributes it to the judge competent for the more serious crime.

Reasons for the Court's Decision

The Court confirmed the competence of the GIP of Brescia, emphasizing the importance of establishing the place where the money laundering offense was committed. According to case law, the crime of money laundering is consummated in the place where the credit institution with which the bank account used for money transfer was opened is located. This position is supported by a precedent from Section II of the Court of Cassation which established that a wire transfer operation, even if carried out remotely, must be considered consummated at the location of the credit institution.

• The Brescia GIP held that the money laundering offense was consummated in C, where the credit institution was located.
• The Court highlighted the importance of the teleological link between the alleged crimes.
• Competence was therefore attributed based on the rule of the more serious crime, established by art. 16 of the code of criminal procedure.

Conclusion

Sentence No. 38623 of 2024 represents an important reference point for case law on territorial competence. It clarifies how the correct identification of the place of commission of complex crimes such as money laundering can significantly influence investigations and criminal proceedings. The decision of the Court of Cassation reiterates the importance of a rigorous and systematic approach in determining competence, in order to ensure the effectiveness of criminal justice and respect for the rights of the accused.