The offence of self-laundering in digital transactions
On 9 February, the Italian Supreme Court of Cassation filed its judgment in which it clarified, inter alia, the constituent elements of the offence of self-laundering, holding that the existence of a profit is an optional rather than a necessary element for the offence to be made out, which arises whenever the perpetrator of the […]
Confiscation for equivalent and rights of third-parties
On 23 October last, the European Court of Human Rights ruled on the issue of confiscation by equivalent of assets formally registered in the name of third parties, addressing the issue of whether the seized or confiscated property actually belonged to the applicants or whether they merely acted as nominal owners. The proceedings before the […]
Bitcoin trading and embezzlement
On 29 May last, the Court of Cassation issued judgment no. 20138, in which it held that the offence of embezzlement is constituted by the conduct consisting in the permanent misappropriation of the crypto-asset Bitcoin. What is a crypto-asset? The European Regulation on crypto-assets of 31 May 2023, No. 2023/1114/EU, defines a crypto-asset as a […]
Asset forfeiture from competitors engaged in corruption
On April 8th, the Joint Sections of the Court of Cassation issued Judgment No. 13783 concerning confiscation. One of the most important principles states that, in cases involving multiple participants in a crime, confiscation may be ordered against each individual co-offender only in proportion to the actual benefit personally obtained, excluding any form of joint […]
Financial scams
What are financial scams? Financial scams are fraudulent schemes that lead to the loss of invested assets through deception. Financial scams carried out by entities authorized to carry out financial activities Financial scams can manifest in various ways, including unlawful behaviors carried out by entities authorized to conduct financial activities, exploiting direct contact with their […]
Annulment of the conviction of the de jure director
The Supreme Court of Cassation by judgment No. 2885 filed on 23.1.2024 annulled with judicial review the conviction of de jure director, who had been found guilty of complicity with the de facto director in a money laundering crime.
Threats in cyber organized crime according to the Internet Organized Crime Assessment (IOCTA) 2023 conducted by Europol.
On July 17 Europol published its latest report Internet Organized Crime Assessment – IOCTA concerning the internet organized crime threat assessment, in which it highlights that the sector is constantly expanding and represents an increasing threat to the EU. Organized cybercrime manifests itself mainly through cyber attacks, online fraud, data theft and child sexual exploitation […]
Eligibility after plea bargaining
According to the Ministry of the Interior, the Cartabia Reform allows all individuals for whom a plea-bargaining sentence of up to two years has been pronounced to no longer incur a situation of ineligibility, thus being able to run in the next elections if the additional penalties have not been applied, thus overcoming the forbidding […]