Anti-money laundering—Italy—Q&A guide
Anti-money laundering—Italy—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Anti-money laundering—Italy—Q&A guide
  • 1. Identify your jurisdiction’s money laundering and anti-money laundering (AML) laws and regulations. Describe the main elements of these laws.
  • 2. Describe any specific powers to identify proceeds of crime or to require an explanation as to the source of funds.
  • 3. Which government entities enforce your jurisdiction’s money laundering laws?
  • 4. Can both natural and legal persons be prosecuted for money laundering?
  • 5. What constitutes money laundering?
  • 6. Is there any limitation on the types of assets or transactions that can form the basis of a money laundering offence?
  • 7. Generally, what constitute predicate offences?
  • 8. Are there any codified or common law defences to charges of money laundering?
  • 9. What is the range of outcomes in criminal money laundering cases?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to anti-money laundering in Italy published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2020).

Authors: Studio Legale Pisano—Roberto Pisano

1. Identify your jurisdiction’s money laundering and anti-money laundering (AML) laws and regulations. Describe the main elements of these laws.

As far as criminal provisions are concerned, money laundering is a criminal offence provided for in article 648-bis of the Criminal Code (ICC), which punishes the conduct of anybody who, with knowledge and intent, substitutes or transfers money, goods or other things of value deriving from an intentional crime or carries out, in relation to that benefit, any transactions in such a way as to obstruct the identification of their criminal provenance.

Until 1 January 2015, a condition for applying the offence of money laundering was for the offender not to have participated in the predicate offence; in this case, the offender was only responsible for the predicate offence. However, as of 1 January 2015, the Italian legal system introduced the offence of self-money laundering, which additionally applies to an offender who contributed to the predicate offence when he or she uses, substitutes or transfers the unlawful benefit in economic, financial, business or speculative activities (with the exception of simple personal use not being considered self-money laundering; see article 648-ter 1 of the ICC,

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