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Cass. pen., Sez. II, Sent. n. 21618 del 2024: Reflections on Receiving Stolen Goods and the Identification of the Underlying Crime

The ruling of the Supreme Court of Cassation, no. 21618 of May 30, 2024, provides an important opportunity for reflection on the delicate issue of receiving stolen goods and, in particular, on the essential verification of the criminal origin of the money in question. In this specific case, A.A. had been found guilty of the crime of receiving stolen goods, but the Cassation accepted her appeal, highlighting the insufficiency of evidence regarding the illicit origin of the sum involved.

The Context of the Ruling

In the trial, A.A. had been found in possession of more than 200,000 euros, concealed in a suspicious manner. However, the Court of Appeal had confirmed the conviction based on circumstantial evidence that, although suggestive, did not guarantee a concrete verification of the underlying crime, as required by Article 5 of Legislative Decree 74/2000. The Cassation emphasized that the absence of a clear link between the sum and a specific crime cannot justify a conviction.

The possibility of tracing back to the underlying crime must be concretely demonstrated; it cannot be limited to general indications.

The Legal Implications of the Ruling

Italian jurisprudence has always maintained that, for the configuration of the crime of receiving stolen goods, it is necessary not only to have unjustified possession of goods but also to identify an underlying crime. The Cassation, recalling previous orientations, clarified that mere supposition of an illicit origin is not sufficient; a more rigorous demonstration is required.

  • Necessity of concrete evidence of criminal origin.
  • Implications for the verification of tax crimes.
  • Relevance of the circumstantial evidence and justifications provided.

Conclusions

In conclusion, ruling no. 21618 of 2024 reaffirms the importance of a rigorous approach in the verification of crimes of receiving stolen goods. The identification of the underlying crime is not merely a formal issue but a substantive requirement that must be respected to ensure justice and the defense of the rights of the accused. The Cassation therefore calls for a more in-depth and specific analysis of the facts, so that judgments are supported by concrete evidence and not mere indications.