07 Nov self-laundering and gambling

On the subject of self-laundering, the term 'speculative activity', in accordance with the criteria of literal interpretation, teleological and extensive, it must be understood as inclusive not only of speculation that occurs in the financial or stock exchange sector, but also in the gaming and betting sector (of a sporting nature or relating to uncertain events) that are characterized by gambling, or they are practiced for profit and in which the winnings or losses are largely random, having the participant's ability is of no decisive importance with respect to the outcome. The cause of non-punishment provided for in paragraph 4 dell’art. 648-ter.1 c.p. it must be understood in the sense that the agent can be exempt from criminal liability only and only if he uses or enjoys the assets resulting from the predicate crime directly and without carrying out any operation on them capable of concretely hindering the identification of their criminal origin (Cass. 13795/19).