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Commentary on the Judgment of the Court of Cassation, Criminal Section II, No. 29346 of 2023: Money Laundering and Computer Fraud

The judgment No. 29346 of 2023 of the Court of Cassation provides an important reflection on the issues of money laundering and computer fraud. In particular, the Court declared inadmissible the appeals filed by A.A. and B.B., accused of being accomplices in a computer fraud through the use of their bank accounts to receive illegally obtained money. This decision clarifies the boundary between the crime of money laundering and complicity in fraud, highlighting the need for a detailed analysis of the contested conduct.

The Legal Qualification of the Fact

The Court emphasized that, in order to determine the correct legal qualification of the facts, it is essential to consider the nature of the defendants' conduct. The appellants argued that their actions should be framed within Article 640-ter of the Criminal Code, dedicated to computer fraud. However, the Court clarified that the profit from the fraud had already been obtained by the authors of the crime before the money was transferred to the defendants' bank accounts. This aspect is crucial, as it highlights how the conduct of A.A. and B.B. occurred at a later stage than the commission of the underlying crime.

The crime of money laundering is integrated by the conduct of those who, without participating in the underlying crime, make their bank account available to hinder the identification of the illicit origin of the money.

The Implications of the Judgment

The decision of the Court of Cassation presents several implications. First, it confirms the importance of clearly delineating the moment when a crime is perfected and the distinction between various illegal conduct. Second, it highlights how the mere availability of a bank account to receive money of illicit origin can constitute the crime of money laundering, even in the absence of a direct link to the underlying crime.

  • Money laundering is configured when the identification of the illicit origin is hindered.
  • The profit from the crime must have already been obtained for money laundering to be configured.
  • The conduct of the individuals involved must be examined in the correct temporal context.

Conclusions

The judgment No. 29346 of 2023 represents a significant step in Italian jurisprudence regarding computer fraud and money laundering. It clarifies that criminal responsibility can also be attributed to those who do not actively participate in the fraud but contribute to the concealment of profit through the availability of financial instruments. Therefore, it is essential for legal professionals and citizens to be aware of their responsibilities regarding the use of bank accounts and the flows of money they manage.