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Cass. Pen., Sez. I, Sent., n. 25600 del 2023: Reflections on Fraudulent Bankruptcy and Money Laundering

The recent ruling n. 25600 of the Court of Cassation, issued on June 14, 2023, provides important insights regarding the crimes of fraudulent bankruptcy and money laundering. In this article, we will analyze the main points of the decision, highlighting the legal and practical implications for legal practitioners.

Context of the Ruling

The case involved A.A., who was implicated in a complex situation of fraudulent bankruptcy and money laundering related to the company Margan Srl, declared bankrupt in 2008. The Court of Appeal of Reggio Calabria, in the retrial, had confirmed the conviction for bankruptcy by distraction and money laundering, but the Court of Cassation annulled the ruling for the bankruptcy offense, deeming that the fact did not exist.

The Court of Cassation held that the sale transaction did not entail a real depletion of assets for the bankrupt company.

Analysis of Fraudulent Bankruptcy

The Court highlighted how the existence of the crime of bankruptcy by distraction had been erroneously assessed by the territorial court, which had focused on the non-payment of VAT without clarifying whether that amount had actually entered the assets of the bankrupt company. This aspect is crucial, as the absence of a real depletion of assets excludes the configurability of the crime.

  • The sale of the property, which occurred through the assumption of mortgages by the buyer, was considered liberating.
  • The Court reiterated the importance of demonstrating actual economic damage to configure bankruptcy.

The Crime of Money Laundering

Regarding the crime of money laundering, the Cassation annulled with referral the ruling of the Court of Appeal. The Court emphasized the importance of demonstrating the subjective element of the crime, namely A.A.'s awareness of the illicit origin of the sums received. The generality of the accusations and the lack of concrete evidence led to the decision for a new examination.

Conclusions

Ruling n. 25600 of 2023 represents an important step in economic criminal law, highlighting the need for a thorough and rigorous analysis of evidence in bankruptcy and money laundering trials. Legal practitioners must pay particular attention to documentation and the reasoning behind decisions to avoid mistakes that could lead to unjust convictions.