The Senate Chamber gave the definitive green light to the law on the return of capital with 119 votes in favour, 61 against and 12 abstentions. The main measures contained in the provision are the "voluntary disclosure" and the introduction in the penal code of the crime of self-laundering.
With this law, anyone who has committed tax violations and hidden money or assets abroad or in Italy can bring out the sums with a self-report, through the so-called voluntary disclosure: the tax evader will have to pay all the taxes evaded but will have discounts on penalties - interests, will not incur the penalties envisaged for tax crimes committed and above all will not be prosecuted for the new crime of self-laundering which was introduced in the provision precisely with the aim of giving a boost to emergence.
Payment by the author of the violations must be made "in a single solution" or in "three monthly installments". The procedure can be activated by 30 September 2015 for violations committed up to 30 September last.
The new crime of self-laundering, which has been included in the Italian penal code, provides for a double track: the sentences will be more or less severe depending on whether the money is the result of a crime punishable with sentences of more or less than five years.
Self-laundering, states the text, provides that "the penalty of imprisonment from two to eight years and a fine of between 5 and 25 euros is applied to anyone who, having committed or contributed to the commission of an intentional crime, employs, replaces, transfers in economic, financial, entrepreneurial or speculative activities, money, goods or other benefits deriving from the commission of this crime, in such a way as to concretely hinder the identification of their criminal origin".
Below the threshold of 5 years for the punishability of the upstream crime, the new crime is punished with imprisonment from one to four years and with a fine including between 2.500 and 12.500 euros.
The offender is not prosecuted "when the money, goods or other benefits are destined for personal use or enjoyment" provided that, the text specifies, there has not been the intention in this way to conceal the fruits of the crime.
