Analysis of Judgment No. 3044 of 2024: Attempted Money Laundering and Configurability of the Crime

Judgment No. 3044 of 2024, issued by the Court of Appeal of Bari, addresses a highly significant issue in criminal law: the configurability of the attempt of money laundering. In particular, the Court declared the appeal filed by M. D. F. inadmissible, clarifying that the attempt of money laundering is indeed configurability, contrary to what was asserted in previous decisions. This article aims to analyze the implications of this ruling, highlighting the relevant legal references and pertinent case law.

The Attempt of Money Laundering: The Court's Position

According to the Court, the crime defined by Article 648-bis of the Penal Code, relating to money laundering, is not constructed as a crime of anticipated consumption. This implies that the attempt of money laundering can exist, as it is not necessary for the crime to be fully realized to configure its attempt. In analyzing the case, the Court referred to various legal norms and judicial maxims, including:

  • Article 56 of the Penal Code, which defines the attempt of a crime;
  • Article 648-bis of the Penal Code, which governs the crime of money laundering;
  • Law 19/03/1990 No. 55, which deals with prevention measures;
  • Decree Law 21/03/1978 No. 59, concerning financial crimes.

The Maxim of the Judgment: An Essential Clarification

Money Laundering - Attempt - Configurability - Existence - Reasons. The attempt of money laundering is configurability, as the crime defined by Article 648-bis of the Penal Code, in its current formulation, is not constructed as a crime of anticipated consumption.

This maxim highlights a crucial aspect of criminal law: the understanding of the distinction between crimes of anticipated consumption and those of deferred consumption. In fact, in crimes of anticipated consumption, the crime is considered complete once the necessary acts have been carried out, while in those of deferred consumption, such as money laundering, it is sufficient to carry out preparatory acts to configure the attempt. This means that the intervention of the judicial authority is justified even in the attempt phase, thus protecting the legal system from potentially unlawful conduct.

Conclusions

In conclusion, judgment No. 3044 of 2024 represents an important step forward in understanding the legislation related to money laundering and attempts at crime. The Court of Appeal of Bari has clarified that the attempt of money laundering is fully configurable, strengthening the protection of the legal system against unlawful activities. This clarification is fundamental not only for legal professionals but also for all those operating in the economic and financial sector, where the risk of money laundering is always present.

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