Jurisdiction and Criminal Jurisdiction: An Analysis of Judgment Cass. pen., Section I, No. 49358 of 2023

The recent judgment of the Court of Cassation, No. 49358 of 2023, has provided important clarifications on criminal jurisdiction and competence, particularly regarding transnational money laundering offenses. In this article, we will analyze the main aspects of the decision, highlighting the practical implications and the relevant legal provisions.

Context of the Judgment

The central issue concerns a conflict of jurisdiction between the Court of Brescia and the Court of Review of Milan. The Preliminary Investigation Judge (GIP) of the Court of Brescia raised the conflict, arguing that the jurisdiction for the case of A.A., accused of money laundering, should be attributed to Brescia, where part of the illicit conduct had occurred. Conversely, the Court of Review of Milan had already declared its territorial incompetence.

The crime of money laundering is consummated with the achievement of the dissimulative effect resulting from the typical conduct provided for by Article 648-bis of the Criminal Code.

Court's Reasoning

The Court declared the jurisdiction of the Court of Brescia, emphasizing that the connection between the various offenses charged and the money laundering offense was indisputable. In fact, according to Article 28 of the Code of Criminal Procedure, when two judges declare themselves incompetent, a procedural stalemate is created. The Court therefore had to resolve this conflict, establishing that the consummation of the money laundering offense occurred in the place where the dissimulative operations took place.

Implications of the Judgment

This decision has significant repercussions on the management of criminal proceedings, particularly in relation to:

• Identification of the place of consummation of the offense
• Connection between offenses and territorial jurisdiction
• Application of rules on jurisdictional competence

The principle established by the Court helps to clarify that money laundering, as a free-form and progressively consummated offense, can be considered consummated in multiple locations, depending on the phase of the illicit conduct.

Conclusions

Judgment No. 49358 of 2023 represents an important step forward in defining jurisdictional competences in criminal matters. It highlights the need for careful assessment of the places of consummation of offenses, especially in complex cases such as transnational money laundering. The decision of the Court of Cassation not only clarifies the dynamics of competence but also offers insights for a broader reflection on the interconnections between various offenses and their respective jurisdictions.