Analysis of Judgment No. 4193/2024: Self-Money Laundering and Non-Punishability of the Underlying Offence

Judgment No. 4193 of December 3, 2024, issued by the Court of Cassation, addresses a highly relevant issue in the Italian legal landscape: the configurability of the self-money laundering offence even when the underlying offence is not punishable. This ruling is part of a context of growing attention towards property crimes and their regulation.

The Regulatory Context

The offence of self-money laundering is governed by Article 648-ter of the Criminal Code, which punishes anyone who, after committing a crime, uses assets derived from such illegality in lawful economic activities. However, Article 649 of the Criminal Code provides that, in certain circumstances, the underlying offence is not punishable, especially when the victim has a specific subjective quality, as in the case of relatives. The judgment under analysis clarifies how, despite the non-punishability of the underlying offence, the self-money laundering offence can still be configured.

The Ruling's Maxim

The offence of self-money laundering is configurable even when the underlying offence is not punishable, pursuant to art. 649 of the Criminal Code, due to the subjective quality of its perpetrator, it being sufficient to demonstrate that the asset was originally acquired through objectively illicit conduct, provided that the ties that render the exemption operative, if of a civil nature (marriage, civil union), are severed at the time the derivative offence is committed. (Case in which the Court found the "fumus" of the self-money laundering offence to be present on the grounds that the transfer of a quadro illicitly acquired had occurred when the marital bond had already been dissolved).

In this maxim, the Court establishes that the mere demonstration of the illicit origin of the asset is sufficient to configure the crime of self-money laundering, provided that the civil ties have ceased at the time of the commission of the derivative offence. This implies an important distinction: the crime of self-money laundering cannot be excluded by the non-punishability of the underlying offence, even if the latter was committed by a person recognized as having a protective subjective quality.

Implications of the Judgment

The Court's decision has significant implications for Italian jurisprudence and legal practitioners. It clarifies the conditions under which the offence of self-money laundering can be prosecuted, even when the underlying offence is not punishable. This represents a significant step in combating property crimes, as it ensures that illicit conduct can be prosecuted even in situations of apparent impunity.

• The protection of the victim's subjective quality does not exempt from the intervention of criminal law.
• The cessation of civil ties is crucial for the configurability of the self-money laundering offence.
• The focus on the illicit origin of assets remains central to the configuration of the offence.

Conclusions

In conclusion, judgment No. 4193/2024 marks an important milestone in the fight against economic crimes, clarifying the boundaries of the self-money laundering offence and its applicability even in situations where the underlying offence is not punishable. The interpretation provided by the Court of Cassation could significantly influence future jurisprudential trends and the practical approach to handling similar cases. It therefore remains essential for professionals in the sector to stay updated on such legal developments to ensure the correct application of the law and effective defense of their clients' rights.