Immigrazione irregolare via mare e limiti della giurisdizione penale italiana

IRREGULAR IMMIGRATION BY SEA AND THE LIMITS OF THE THE ITALIAN CRIMINAL JURISDICTION. The article analyzes the basis of the Italian criminal jurisdiction in cases of irregular migration by sea. This is a controversial issue due to the cross-border nature of these offenses and the operating methods of criminal organizations (§ 1). In this context, case law of the Supreme Court is examined first, which considers the crime committed in the territory of the State if the disembarkation of rescued migrants in international waters occurs here (§ 2). Having identified various critical issues, the paper addresses both the alternative foundations of criminal jurisdiction (§ 3) and the rules governing the exercise of coercive powers in different sectors of the marine space (§ 4). Finally, the shortcomings of the legislator are highlighted, stating that the solutions developed by the jurisprudence have provoked an insidious shift of the territoriality principle towards the defense of (real or presumed) national interests (§ 5).