Il delitto di autoriciclaggio: un bilancio provvisorio

Civello, Gabriele

2022-01-01

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Abstract

Eight years after the criminalisation of “self-laundering” in the Italian criminal law, the essay examines “lights” and “shadows” of art. 684-ter.1 c.p., facing the crucial elements of the crime. In particular, the author analyzes the three typical conducts of self-laundering (i.e. employment, replacement and transfer), as well as the notions of “economic activity”, “entrepreneurial activity”, “financial activity” and “speculative activity”. In the second part, the work examines the concept of “concrete obstacle to the identification of the unlawful origin of the self-laundered goods”. After the analysis of the cause of exemption from criminal liability for “operations for personal use only” and its possible extension to accomplices, the essay ends with some considerations about the intentional self-laundering of proceeds deriving from non-intentional crimes and about negligent self-laundering.