Judgment No. 39489 of 2023: Offence of Self-Money Laundering and Fraudulent Transfer of Assets

Judgment No. 39489 of June 22, 2023, filed on September 28 of the same year, constitutes an important ruling by the Court of Cassation, which addressed the relationship between the offence of self-money laundering and the offence of fraudulent transfer of assets. This topic is highly relevant, especially in light of recent regulations and increasingly stringent measures to combat illicit activities.

Legal Context

The offence of self-money laundering, governed by Article 512-bis of the Criminal Code, is a criminal offense aimed at punishing those who, after committing a crime, use assets derived from it to carry out further illicit acts. The judgment in question clarifies that there is a relationship of mutual specialty between self-money laundering and fraudulent transfer of assets, as both offenses share the element of the illicit origin of the assets.

• Mutual Specialty: The two offenses intersect and exclude each other under certain circumstances.
• Disguising Methods: The use of practices that make it difficult to identify the illicit origin of the assets.
• Reservation Clause: When a fictitious ownership of an asset is involved, only self-money laundering is constituted.

Offence of Self-Money Laundering - Relationship with the Offence of Fraudulent Transfer of Assets - Mutual Specialty - Reasons - Consequences. The offence of self-money laundering is in a relationship of mutual specialty with that of fraudulent transfer of assets, as both offenses are characterized by the general origin from a crime of the assets subject to transfer and the use of disguising methods aimed at making said origin difficult to identify. Therefore, when the fictitious ownership of an asset constitutes the primary method of committing self-money laundering, only the latter, more serious, offense is constituted, by virtue of the reservation clause contained in Article 512-bis of the Criminal Code.

Practical Implications of the Judgment

The judgment of the Court of Cassation has significant implications for both legal practitioners and individuals involved in criminal proceedings. It clarifies that, in cases where self-money laundering is charged, fraudulent transfer of assets cannot also be constituted if the fictitious ownership of the asset is the primary element. This principle of mutual specialty offers greater certainty in the legal treatment of these offenses, avoiding overlaps that could lead to multiple penalties for the same act.

Conclusions

In conclusion, Judgment No. 39489 of 2023 represents a significant step forward in clarifying the rules concerning the offence of self-money laundering and the fraudulent transfer of assets. The definition of the relationships of mutual specialty allows for better application of the law and greater protection of the rights of the individuals involved. It is crucial for legal practitioners to fully understand these dynamics to provide adequate advice and address the challenges arising from the fight against economic crime.