Commentary on Judgment Cass. Pen., Section II, no. 49691 of 2023: Receiving Stolen Goods and Reckless Purchase

The recent judgment of the Court of Cassation, Criminal Section II, no. 49691 of October 10, 2023, offers an important reflection on criminal liability related to the crime of money laundering, particularly in light of a case involving two defendants, A.A. and B.B., accused of complicity in the crime of receiving stolen goods. The Court confirmed the decision of the Court of Appeal of Rome, analyzing the grounds put forward by the appellants and reiterating the applicable legal principles.

The Context of the Case

In the case at hand, A.A. and B.B. had been convicted of the crime under art. 648-bis of the Italian Criminal Code, relating to the laundering of assets derived from criminal activity. The Court of Appeal had deemed there to be sufficient proof of the defendants' liability, despite the defense having raised the objection of the absence of alterations to the vehicle in question, a Smart car, and the alleged assumption of responsibility by one of the co-defendants.

The Court of Cassation reiterated that the crime of money laundering is completed by the mere performance of activities aimed at obstructing the identification of the illicit origin of money and assets.

Analysis of the Court's Reasoning

The Court declared the appeals filed by the two defendants inadmissible, highlighting that the arguments put forward were not sufficiently specific and amounted to a mere rehash of already examined grounds. In particular, the judgment clarified that money laundering, being a crime with an early completion, is completed even in the absence of evident manipulations of the assets, as in the case of an unaltered vehicle.

• Criminal liability for money laundering does not require physical modification of the asset.
• It is sufficient for the subject to perform acts that obstruct the identification of the illicit origin.
• Statements by co-defendants must be evaluated within the overall context of the evidence.

Conclusions

Judgment no. 49691 of 2023 by the Court of Cassation provides an important clarification on the crime of money laundering, particularly regarding the need for concrete proof of liability. The Court was able to distinguish between the absence of alterations to the assets and the configurability of the crime, emphasizing that criminal liability can arise even in situations where the goods show no signs of manipulation. This judgment underscores the importance of a thorough analysis of the evidence and the circumstances of the case, offering significant insights for future proceedings concerning receiving stolen goods and money laundering.