Commentary on Judgment No. 45230 of 2024: The Crime of Money Laundering and its Configurations

The recent judgment No. 45230 of November 26, 2024, issued by the Court of Appeal of Milan, offers significant food for thought regarding the crime of money laundering. In particular, the Court has established that the conduct of those who receive money of illicit origin and arrange for its transfer and delivery to third parties constitutes the crime of money laundering, even in the absence of transformation activities. This legal principle is of fundamental importance, as it clarifies the ways in which the phenomenon of money laundering manifests itself in the current context.

The Configuration of the Crime of Money Laundering

According to the Court, the configurability of the crime of money laundering is linked to several factors. The maxim of the judgment reads:

Money Laundering - Transfer of money to a different location and delivery of money to third parties - Configurability of the crime - Reasons. The conduct of those who, after receiving money of illicit origin, even without carrying out transformation activities, transport it from one place to another and deliver it to third parties, constitutes the crime of money laundering, as the identification of the illicit origin of such asset is made more difficult in this way, given its fungibility, the untraceability of the transport operation, as well as the changed spatio-temporal context in which the funds re-emerge and their attribution to a subject entirely different from the one who committed the crime of which these funds constitute the profit.

This passage highlights how the mere movement of money can conceal illicit operations, making it difficult to identify its illicit origin. The fungibility of money, along with the difficulty of tracing operations, creates fertile ground for money laundering, which often occurs in complex and articulated contexts.

Regulatory and Jurisprudential Implications

The reference legislation, represented by Article 648 bis of the Italian Penal Code, clearly defines the crime of money laundering, but it is through case law that the operational nuances of this crime are clarified. The Court has referred to previous judgments, confirming a consistent interpretative line that considers the transfer and delivery of illicit money as relevant acts for the configuration of the crime. Among the references, we can cite:

• Judgment No. 23774 of 2020
• Judgment No. 21925 of 2018
• Judgment No. 46754 of 2018
• Judgment No. 46319 of 2016

These judgments contribute to outlining a clear and consistent regulatory framework, emphasizing how any behavior aimed at concealing the illicit origin of money can constitute a crime.

Conclusions

Judgment No. 45230 of 2024 represents a further step forward in the fight against money laundering, clarifying how even simple acts of transporting and delivering money can constitute the crime. It is essential that anyone operating in the legal and financial sector understands the importance of the traceability and origin of funds, to avoid incurring criminal liability. In a global context where money laundering is increasingly sophisticated, the Court's interpretation offers valuable insights for effective prevention and combating action.