Giuffré, 2018.

The “work examines all the phenomena and criminal offenses that populate the” broad system of money laundering crimes as per Articles 648-bis et seq. of the Criminal Code, focusing particularly on the most problematic aspects: laundering of proceeds from mafia activities, bank money laundering, the relationship between money laundering and tax crimes, phishing and issues related to confiscation.

A detailed analysis is then dedicated to the prevention system, adopted through the inclusion of these offenses in the catalog of predicate crimes of Legislative Decree 231/2001, as well as through Legislative Decree 231/2007, as rewritten by the recent Legislative Decree 90/2017, which punishes behaviors that facilitate money laundering activities and, for this reason, is directed towards individuals – such as lawyers, accountants, notaries, stockbrokers, etc. – who carry out professional activities that can facilitate – or are even indispensable for – the behaviors described in Articles 648-bis et seq. of the Criminal Code. The book also addresses the offense of self-laundering under Article 648-ter.1 of the Criminal Code, which has given rise to countless new theoretical and practical issues, and the crime under Article 12-quinquies, Legislative Decree 306/1992 regarding fraudulent transfer of values, a criminal offense that has created a series of recent application issues, both in the context of organized crime and common crime.

Finally, particular attention is dedicated to the analysis of the criminal phenomenon in territories close to Italy, such as the Vatican State and the Republic of San Marino, as well as, lastly, to the procedural aspects.
The volume, starting from an analysis of contemporary doctrinal and jurisprudential positions, aims to focus on the critical issues of the system and to offer solutions that respect classic criminal law guarantees, enhancing solutions and argumentative points in line with the effective exercise of the constitutional right of defense in money laundering trials.