Analysis of Judgment No. 3044 of 2024: Attempted Money Laundering and Configurability of the Offence

Judgment No. 3044 of 2024, issued by the Court of Appeal of Bari, addresses a highly relevant issue in criminal law: the configurability of attempted money laundering. In particular, the Court declared the appeal filed by M. D. F. inadmissible, clarifying that attempted money laundering is configurable, contrary to what was stated in previous decisions. This article aims to analyse the implications of this ruling, highlighting the relevant legal provisions and jurisprudence.

Attempted Money Laundering: The Court's Position

According to the Court, the criminal offence provided for by Article 648-bis of the Criminal Code, relating to money laundering, is not structured as a crime with anticipatory consummation. This implies that attempted money laundering can be sustained, as it is not necessary for the crime to be fully realised for its attempt to be configured. In analysing the case, the Court referred to various norms and jurisprudential maxims, including:

• Article 56 of the Criminal Code, which defines the attempt to commit a crime;
• Article 648-bis of the Criminal Code, which governs the crime of money laundering;
• Law No. 55 of 19/03/1990, concerning preventive measures;
• Decree-Law No. 59 of 21/03/1978, concerning financial crimes.

The Ruling's Maxim: An Essential Clarification

Money Laundering - Attempt - Configurability - Sustained - Reasons. Attempted money laundering is configurable, as the criminal offence provided for by Article 648-bis of the Criminal Code, in its current wording, is not structured as a crime with anticipatory consummation.

This maxim highlights a crucial aspect of criminal law: understanding the distinction between crimes with anticipatory consummation and those with deferred consummation. In fact, in crimes with anticipatory consummation, the crime is considered complete once the necessary acts have been performed, whereas in those with deferred consummation, such as money laundering, the performance of preparatory acts is sufficient to configure the attempt. This means that the intervention of the judicial authority is justified even at the attempt stage, thus protecting the legal system from potentially illicit conduct.

Conclusions

In conclusion, judgment No. 3044 of 2024 represents a significant step forward in understanding the legislation relating to money laundering and attempts to commit crimes. The Court of Appeal of Bari has clarified that attempted money laundering is fully configurable, strengthening the protection of the legal system against illicit activities. This clarification is fundamental not only for legal professionals but also for all those operating in the economic and financial sector, where the risk of money laundering is ever-present.