Analysis of Judgment Cass. Pen., Sec. II, no. 18184 of 2024: Embezzlement and Money Laundering
The recent judgment of the Court of Cassation, no. 18184 of 2024, has raised important issues concerning the crimes of embezzlement and money laundering, with particular attention to the correct determination of the profit to be confiscated. The defendants, A.A. and B.B., saw their convictions for serious crimes upheld, but the Court also clarified some crucial aspects regarding the confiscation of assets derived from illicit activities.
The Case and the Court's Decision
The G.U.P. of the Court of Biella had convicted A.A. and B.B. to agreed penalties for various crimes, including aggravated embezzlement and money laundering. The appealed judgment ordered the confiscation of significant assets, but the appellants contested the reasoning behind the determination of the profit to be confiscated.
The Court clarified that the measure of the profit from the crime of money laundering must consider exclusively the actual financial advantage obtained by the perpetrator of the money laundering operations.
The Concept of Profit and Proceeds of Crimes
A central aspect of the judgment concerns the distinction between profit and proceeds of crimes. For the Court, profit must be calculated based on the direct economic advantage derived from the crimes, not on the total value of the laundered assets. This approach aligns with European provisions and international conventions on money laundering, which aim to ensure effective confiscation of illicit proceeds.
- Profit must represent the economic advantage obtained through the illicit conduct.
- Confiscation cannot exceed the value of the profit actually realized.
- The Court reiterated the importance of following the indications of European regulations on money laundering.
Conclusions
Judgment no. 18184 of 2024 by the Court of Cassation represents an important step forward in clarifying the discipline relating to the confiscation of assets derived from crimes of money laundering and embezzlement. It highlights the need for careful assessment of profit, thus ensuring greater protection of the rights of the injured parties and a fairer application of criminal sanctions.
