Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Vincenzo Mongillo
Publishing Year 2021 Issue 2021/170 Language Italian
Pages 35 P. 179-213 File size 376 KB
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In a world where economics has become globalized and the cross-border dimension of corpo-rate crime has grown exponentially, the jurisdictional issues become central. The compartmen-talization of production into global corporate groups, joint ventures and supply chains not only increases the risk of commission of crimes and human rights violations by multinational or transnational corporations, but also undermines state enforcement efforts. The essay focuses, therefore, on the new forms of extraterritorial jurisdiction - both genuine and "camouflaged" under an extremely extensive notion of territoriality - from a twofold perspective: effective-ness of criminal law and protection of the fundamental rights of persons (individuals and cor-porations) prosecuted by different national authorities, in search of a reasonable balance.
Keywords: Territorial and extraterritorial jurisdiction; Corporate criminal liability; Corruption; Forced labor and labor exploitation; Violation of human rights; Double Jeopardy.
Vincenzo Mongillo, Imprese multinazionali, criminalità transfrontaliera ed estensione della giurisdizione penale nazionale: efficienza e garanzie "prese sul serio" in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 170/2021, pp 179-213, DOI: 10.3280/GDL2021-170002