Commentary on Judgment No. 45230 of 2024: The Crime of Money Laundering and Its Configurations

The recent judgment No. 45230 of November 26, 2024, issued by the Court of Appeal of Milan, provides significant reflections regarding the crime of money laundering. In particular, the Court established that the conduct of receiving money of illegal origin and transferring and delivering it to third parties constitutes the crime of money laundering, even in the absence of transformation activities. This legal principle is of fundamental importance as it clarifies the ways in which the phenomenon of money laundering manifests itself in the current context.

The Configuration of the Crime of Money Laundering

According to the Court, the configurability of the crime of money laundering is linked to various factors. The maxim of the judgment states:

Money laundering - Transfer of money to a different location and delivery of money to third parties - Configurability of the crime - Reasons. The crime of money laundering is constituted by the conduct of anyone who, following the receipt of money of criminal origin, even without engaging in transformation activities, transports it from one place to another and delivers it to third parties, since identifying the illegal origin of such property is made more difficult in this way, given its fungibility, the non-traceability of the transportation operation, as well as the changed spatio-temporal context in which the provision reemerges and its referability to a subject entirely different from the one who committed the crime from which this constitutes the profit.

This passage highlights how the simple movement of money can conceal illicit operations, making it difficult to identify its illegal origin. The fungibility of money, combined with the difficulty of tracing operations, creates fertile ground for money laundering, which often occurs in complex and articulated contexts.

Regulatory and Jurisprudential Implications

The reference legislation, represented by Article 648 bis of the Penal Code, clearly defines the crime of money laundering, but it is through jurisprudence that the operational nuances of this crime are clarified. The Court recalled previous case law, confirming a consistent interpretative line that considers the transfer and delivery of illicit money as relevant acts for the configuration of the crime. Among the references, we can cite:

  • Judgment No. 23774 of 2020
  • Judgment No. 21925 of 2018
  • Judgment No. 46754 of 2018
  • Judgment No. 46319 of 2016

These judgments help to outline a clear and coherent regulatory framework, emphasizing how any behavior aimed at concealing the illegal origin of money may constitute a crime.

Conclusions

Judgment No. 45230 of 2024 represents a further step forward in the fight against money laundering, clarifying how even actions of simple transportation and delivery of money can integrate the crime. It is essential that anyone operating in the legal and financial sector understands the importance of traceability and the origin of funds, to avoid incurring criminal liabilities. In a global context where money laundering is becoming increasingly sophisticated, the Court's interpretation offers valuable insights for effective prevention and counteraction efforts.

Bianucci Law Firm