The Italian Supreme Court specifies the relationship between fraudulent transfer of values and money laundering
22-10-2022
In the ruling in question, the Judges of Piazza Cavour, Second Criminal Chamber, on the appeal presented by the defendant, affirmed the principle according to which, when the judges on the merits recognize a single money laundering conduct, even if carried out with several deeds, in the event that the first of these consisted in the payment into the current account of the defendant of the money proceeding from crimes committed by the spouse, then used to pay for the property, to the defendant fictitiously registered, the aforementioned fictitious registration, must be considered as a segment of the more articulated laundering conduct.
This in particular according to the reserve clause of the art. 512-bis of the criminal code on the subject of fraudulent transfer of values ("unless the fact constitutes a more serious crime") which therefore prevented the possibility of applying an independent sanction for this fact.
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