Commentary on Judgment No. 19125 of 2023: Money Laundering and Account Holder Liability

The recent judgment No. 19125 of April 26, 2023, by the Court of Cassation provides important clarifications regarding the configuration of the crime of money laundering, specifying the criminal liability of those who make a bank account available for the collection of sums obtained through computer fraud. This analysis aims to make the legal implications of such conduct more understandable.

The Case and the Court's Decision

In this case, the defendant, A. B., allowed his bank account to be used to receive two illicit wire transfers, originating from unauthorized access to the account of an injured party. The Court held that, even though the defendant had not actively participated in the computer fraud, his conduct was sufficient to constitute the crime of money laundering under Article 648-bis of the Penal Code.

• The predicate offense is computer fraud, governed by Article 640-ter of the Penal Code.
• The conduct of obstructing the investigation into the origin of the sums was highlighted as a key element.
• The criminal liability of the account holder was confirmed, despite their non-direct participation in the original crime.

The Ruling's Headnote

Money Laundering - Deposit of sums obtained through computer fraud into a bank account made available by a party not involved in the predicate offense - Configurability of the crime against the account holder - Existence - Case. The crime of money laundering is constituted by the conduct of someone who, without having participated in the predicate offense, makes their bank account available to obstruct the investigation into the criminal origin of sums obtained by others through computer fraud, allowing them to be deposited into it and subsequently withdrawing the funds. (Case where the defendant, following unauthorized access to the victim's "home banking" by others, received two wire transfers with the crediting of illicitly withdrawn sums, and requested, on the same day, the issuance of two postal money orders, cashing the money derived from the crime under Article 640-ter of the Penal Code).

Legal Implications and Conclusions

This judgment underscores the importance of monitoring the use of one's bank accounts, as even mere availability can lead to criminal liability. It is crucial for anyone managing an account to be aware of the transactions conducted through it and the origin of the funds. The Court's interpretation, therefore, serves as a warning to all users of the banking system, reinforcing the idea that the law punishes not only those who commit the crime but also those who collusively facilitate its commission.