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Reflections on the ruling Cass. pen., Sez. II, n. 25824/2024: money laundering and self-money laundering

The ruling n. 25824/2024 of the Court of Cassation, issued by the Second Criminal Section, offers interesting insights for reflecting on the crimes of money laundering and self-money laundering. The case in question featured A.A., convicted of criminal association and self-money laundering, who filed an appeal contesting various procedural and substantive aspects of the appellate ruling.

Procedural issues and the right to defense

One of the focal points of the appeal concerns the non-compliance with the formalities provided by Article 415 bis of the Italian Code of Criminal Procedure, with the defense arguing that the integration of the charges should have been preceded by a new notice. However, the Court established that the particular procedural choice did not compromise the right to defense, highlighting that the defendant was fully aware of the facts attributed to him.

The formulation of the alternative remedy request implies the crystallization of the accusation, demonstrating the acceptance by the defendant.
  • Recognition of the legality of the modification of charges.
  • Importance of clarity in the accusation to ensure the right to defense.
  • Evaluation of defensive choices as an indicator of awareness.

Proof of the underlying crime

The Court also addressed the issue of proof of the underlying crime, a crucial aspect in the crime of self-money laundering. It was noted that, although there are different jurisprudential orientations, in the specific case the misappropriations that constituted the underlying crime had been detailed. This aspect demonstrates the importance of a clear identification of the initial crime for the configuration of the self-money laundering offense.

The assessment of recidivism

Another point of contention concerned the assessment of recidivism. The Court found that the decision of the Court of Appeal was appropriate, considering the defendant's criminal record and mitigating circumstances. It is interesting to note how the Court justified the rejection of the requests for a reduction in the sentence, emphasizing the seriousness of the criminal record.

Conclusions

The ruling n. 25824/2024 of the Court of Cassation serves as an important reference for understanding the crimes of money laundering and self-money laundering. It underscores the importance of procedural clarity and proof of the underlying crime, as well as the adequacy of the assessment of recidivism. This decision invites reflection on the need to ensure a fair and transparent process, respecting the rights of defense and current regulations.