Self-Money Laundering and Plurality of Predicate Offences: Cassation Ruling No. 18847/2025

Criminal law, especially in the field of economic crimes, is constantly evolving to effectively combat new forms of crime. The offence of self-money laundering, introduced into our legal system by Law No. 186/2014, is a crucial tool for preventing the concealment and reintroduction of illicit proceeds into the legal circuit. The recent ruling No. 18847, filed on May 20, 2025, by the Supreme Court of Cassation, offers an important interpretation on the application of this offence, particularly when there is a plurality of predicate offences and a partial subjective identity between the perpetrators. This decision is fundamental for understanding criminal liability in complex contexts, strengthening the fight against those who attempt to "clean" the fruits of crime.

Understanding Self-Money Laundering (Art. 648-ter.1 c.p.)

Article 648-ter.1 of the Italian Criminal Code punishes anyone who, having committed or contributed to committing a non-negligent offence, carries out operations aimed at obstructing the identification of the illicit origin of money, goods, or other assets. The objective is to prevent criminals from freely enjoying the proceeds of their illegal activity by reintroducing them into the legal economy. This is an offence that is added to the original one, reflecting the seriousness of conduct that perpetuates the effects of the first illicit act.

Ruling No. 18847/2025: New Boundaries of Liability

Ruling No. 18847/2025 of the Court of Cassation (President P. A., Rapporteur B. M.), issued in the case of the defendant L. E., addresses the delicate issue of self-money laundering in the presence of multiple predicate offences and partial subjective identity between the perpetrators. The Court clarified that liability for self-money laundering does not require the perpetrator to have committed all the predicate offences from which the illicit assets derive. This interpretation significantly extends the scope of the rule.

The perpetrator of even just one of multiple predicate offences, who, aware of the illicit origin of the assets derived from the crime to which they contributed, carries out a subsequent typical conduct causally oriented to obstruct the ascertainment of their origin, is liable for the offence of self-money laundering. (In its reasoning, the Court also affirmed that, in the presence of multiple predicate offences, the configurability of the offence referred to in art. 648-ter.1 of the Criminal Code does not require the physical identity between all the perpetrators of the aforementioned offences and those who carry out the subsequent self-money laundering conduct).

This maxim is crucial. It establishes that it is sufficient to have contributed to only one of the predicate offences, provided that one is aware of the illicit origin of the proceeds and acts to obstruct their traceability. A perfect "physical identity" between all the perpetrators of the original offences and those who then carry out the self-money laundering is not required. This means that even a subject with a minor role in the predicate offence, but who subsequently manages the illicit proceeds with the intent to conceal them, can be held liable for self-money laundering. This interpretation enhances the effectiveness of the rule, making it more difficult to evade justice through complex networks of complicity, in line with Article 110 of the Criminal Code on co-perpetration of offences.

• Criteria for Self-Money Laundering According to the Ruling:
• Awareness: The perpetrator must know the illicit origin of the goods or money.
• Partial Contribution: It is sufficient to have participated in even just one predicate offence.
• Obstructive Conduct: The action must be aimed at preventing the identification of the illicit origin.
• Subjective Identity: Total coincidence between the perpetrators of the predicate offence and those of self-money laundering is not required.

Conclusions: A Strong Signal Against Economic Crime

Ruling No. 18847/2025 of the Court of Cassation is an important pillar in the fight against self-money laundering. It reinforces the principle that justice pursues anyone who attempts to conceal the fruits of criminal activities, even in complex scenarios of co-perpetration and plurality of offences. The interpretation provided by the Supreme Court strengthens the tools available to the judiciary and law enforcement agencies, sending a clear message: the intent to hide illicit proceeds will find no escape in intricate criminal architectures. For society, this translates into greater protection of the legal economy and a firm signal against all forms of financial illegality.