Judgment No. 11594 of 2024: The Retroactivity of the Anti-Money Laundering Law and the Principle of Favor Rei

Judgment No. 11594 of April 30, 2024, by the Court of Cassation addressed a highly relevant issue in the field of administrative and criminal law, particularly regarding anti-money laundering regulations. This ruling provides insights into the retroactivity of more favorable laws and the principle of favor rei, which are fundamental principles in the protection of citizens' rights and in the interpretation of regulations.

The Regulatory Context

The case examined by the Court falls within the context of Legislative Decree No. 231 of 2007, which regulates the issue of money laundering. In particular, Article 69, as amended by Legislative Decree No. 90 of 2017, introduces the possibility of applying more favorable regulations retroactively to individuals involved in proceedings for violations of anti-money laundering regulations.

Violation of anti-money laundering regulations - Art. 69 of Legislative Decree No. 231 of 2007 - Retroactivity of the subsequent more favorable law - Emergence during the course of the merit or legitimacy proceedings - Applicability also ex officio - Foundation. In the context of anti-money laundering regulations, Article 69 of Legislative Decree No. 231 of 2007, introduced by Article 5, paragraph 2, of Legislative Decree No. 90 of 2017, provides for the retroactivity of the subsequent more favorable law, in derogation of the general principle of non-retroactivity in the matter of administrative sanctions; therefore, if more favorable regulations emerge during the course of merit or legitimacy proceedings, they must be applied even ex officio, since the nature and purpose, which are distinctly public, of the principle of favor rei, prevail over the exclusions arising from the rules on appeals.

The Implications of the Judgment

The Court of Cassation, embracing the principle of favor rei, established that if new, more favorable regulations arise during the process, these must be applied even ex officio. This protective approach not only safeguards the rights of the individuals involved but also reflects a broader trend towards justice that aligns with the principles of fairness and reasonableness. The practical consequences of this decision can be significant for many individuals facing administrative sanctions for violations of anti-money laundering regulations.

Conclusions

In conclusion, Ordinance No. 11594 of 2024 represents an important step for anti-money laundering law in Italy. The retroactivity of more favorable regulations, as established by the Court, not only reinforces the principle of favor rei but also emphasizes the importance of a legal system that evolves and adapts to the needs of justice and the protection of individual rights. Legal professionals and interested parties should pay close attention to these developments, as the implications of the judgment could significantly influence future decisions regarding sanctions and liability.

Bianucci Law Firm