Facts
The case concerns A., a public official at the Office U. of the Autonomous Region of Valle D'Aosta, who received various sums of money from some companies in the region in exchange for the award of construction contracts. Between 2000 and 2003, A. deposited most of the bribes received into several bank accounts in Switzerland. Two banking consultants, B. and C., were responsible for managing the accounts.
A. was convicted in Italy for corruption for an act contrary to his official duties. Subsequently, the Federal Prosecutor's Office (MPC) opened criminal proceedings against A., B. and C. for money laundering. The Federal Criminal Court (TPF) found A. guilty of money laundering on five of the ten counts, but considered the money laundering of the proceeds of passive bribery committed before the entry into force of Art. 322septies para. 2 of the Swiss Criminal Code (CP) as not punishable.
Against the judgment of the TPF, the MPC appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court upheld the appeal, considering that within the scope of Art. 305bis No. 3 CP, the principle of abstract double criminality must be applied.
According to the Court, the genesis, purpose of the provision and the legal interest it protects (the administration of foreign justice) lead to this conclusion. The legislator wanted to provide the investigating authorities with an effective tool to combat and punish organized crime, of which corruption is considered one of the typical and most pernicious offenses.
Applying the principle of concrete double criminality would limit the protection…