Key legal question
Whether the money laundering prosecution was time-barred when the TPF convicted after the remand
Extracted holding
Only a conviction in first instance interrupts prescription under Art. 97 cpv. 3 CP; a prior acquittal does not stop the limitation period, even if later annulled. The conviction was therefore unlawful because it came more than seven years after the facts.
Extracted reasoning
The court reaffirmed its case law that 'sentenza di prima istanza' means a conviction. Linking prescription to the final appellate outcome would undermine legal certainty and the purpose of the revised limitation rules. An acquittal, whether legally correct or not, leaves the limitation period running.