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Commentary on the Judgment of the Court of Cassation, Criminal Section II, No. 49691 of 2023: Receipt and Cautious Purchase

The recent ruling of the Court of Cassation, Criminal Section II, No. 49691 dated October 10, 2023, offers an important reflection on the criminal responsibilities related to the crime of money laundering, particularly in light of a case involving two defendants, A.A. and B.B., accused of complicity in the crime of receipt. The Court upheld the decision of the Court of Appeal of Rome, analyzing the arguments made by the appellants and reaffirming the applicable legal principles.

The Context of the Case

In the case at hand, A.A. and B.B. had been convicted for the crime under Article 648-bis of the Penal Code, relating to the laundering of goods derived from criminal activities. The Court of Appeal had found sufficient evidence of the defendants' responsibility, despite the defenses arguing the absence of alterations on the vehicle in question, a Smart, and the alleged assumption of responsibility by one of the co-defendants.

The Court of Cassation reiterated that the crime of money laundering is completed with the mere performance of activities aimed at hindering the identification of the criminal origin of the money and goods.

Analysis of the Court's Reasons

The Court declared the appeals filed by the two defendants inadmissible, highlighting that the arguments presented were not sufficiently specific and amounted to a mere reiteration of already examined reasons. In particular, the ruling clarified that money laundering, being a type of crime completed in advance, is perfected even in the absence of evident manipulations on the goods, as in the case of the unaltered vehicle.

  • Criminal responsibility for money laundering does not require a physical alteration of the good.
  • It is sufficient for the subject to perform acts that hinder the identification of the criminal origin.
  • Statements from co-defendants must be evaluated in the overall context of the evidence.

Conclusions

The ruling of the Court of Cassation No. 49691 of 2023 provides an important clarification on the crime of money laundering, particularly regarding the need for concrete evidence of responsibility. The Court was able to distinguish between the absence of alterations on the goods and the configurability of the crime, emphasizing that criminal responsibility can arise even in situations where the merchandise shows no signs of manipulation. This ruling underscores the importance of a thorough analysis of the evidence and the circumstances of the case, offering significant insights for future proceedings in matters of receipt and money laundering.