Competence and Criminal Jurisdiction: An Analysis of the Cassation Court Ruling No. 49358 of 2023

The recent ruling of the Court of Cassation, No. 49358 of 2023, has provided important clarifications regarding competence and criminal jurisdiction, particularly concerning transnational money laundering offenses. In this article, we will analyze the main aspects of the decision, highlighting the practical implications and the relevant regulations.

The Context of the Ruling

The central issue concerns a conflict of competence between the Court of Brescia and the Court of Review in Milan. The Preliminary Investigating Judge of the Court of Brescia raised the conflict, arguing that the competence for the case of A.A., accused of money laundering, should be attributed to Brescia, where part of the illicit conduct occurred. Conversely, the Court of Review in Milan had already declared its incompetence for territorial reasons.

The crime of money laundering is committed with the realization of the dissimulative effect resulting from the typical conduct provided for by Article 648-bis of the Criminal Code.

The Court's Reasoning

The Court declared the competence of the Court of Brescia, emphasizing that the connection between the various offenses charged and the crime of money laundering was indisputable. In fact, according to Article 28 of the Code of Criminal Procedure, when two judges declare themselves incompetent, a situation of procedural standstill arises. The Court therefore had to resolve this conflict, establishing that the commission of the money laundering offense occurred in the place where the dissimulative operations were concretized.

Implications of the Ruling

This decision has significant repercussions on the management of criminal proceedings, particularly concerning:

  • Identification of the place of commission of the offense
  • Connection between offenses and territorial competences
  • Application of rules on jurisdictional competence

The principle established by the Court helps clarify that money laundering, as a crime of free form and progressive commission, can be considered committed in multiple locations, depending on the phase of the illicit conduct.

Conclusions

Ruling No. 49358 of 2023 represents an important step forward in defining jurisdictional competences in criminal matters. It highlights the need for careful assessment of the places where offenses are committed, especially in complex cases such as those of transnational money laundering. The decision of the Court of Cassation not only clarifies the dynamics of competence but also offers insights for broader reflections on the interconnections between various offenses and their respective jurisdictions.

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