La responsabilità da reato degli enti nella dimensione transnazionale

The book aims to explore the transnational dimension of corporate criminal liability law, discussing in particular how global value chains challenge the traditional (Westphalian) assumptions that characterize criminal law. The author proposes a deep dive into the meaning of 'transnational' for criminal law, attempting to transcend the territorial/interstate understanding of it. This requires questioning the traditional concept of jurisdiction, the fundamental public-private divide, as well as the methods of differentiating what is law, what should be considered international, national or transnational. Faced with the challenging features of GVCs, the monograph presents a transnational approach to criminal law and jurisdiction that could be applied, for example, to the Italian corporate criminal law (decreto legislativo n. 231/2001). Against the post-national scenario of GVCs, it is argued that prescriptive jurisdiction has become distinct from the question of applicable law (choice of law). Therefore, practical issues of conflict of laws arise even in matters of corporate criminal liability. The conflict of laws doctrine should be experimented with in order to manage and accommodate the global legal pluralism that criminal law faces in the space of global value chains. After setting out this challenging theoretical framework, the research focuses on the emerging legal phenomenon of Transnational Due Diligence Law (TDDL). The author argues that TDDLs - such as the Corporate Sustainability Due Diligence Directive - propose an innovative paradigm of corporate criminal liability that is adequately equipped to navigate the legal pluralism of value chains and to face the jurisdictional conflict that characterizes GVCs. This innovative model is examined in detail in order to explain why it is so transnational in nature. Indeed, "transnational" means, firstly, that jurisdiction is not based on territorial or traditional rules, but is exercised through a "territorial extension" approach. Secondly, "transnational" refers to the due diligence rule, which is designed to function as an "inter-legal" or "interface" device to enable courts to determine the liability of (transnational) corporate actors by taking into account different bodies of law across different jurisdictions. Due diligence serves to operationalize the idea of transnational law in the corporate criminal liability field. After discussing this emerging legal trend, the book examines the issue of corporate criminal liability in the light of international criminal law (ICL). The author shares the view that ICL could provide an adequate remedy for corporate wrongdoing in GVCs, especially if it is recursively applied by domestic courts in the case of transnational corporate criminal litigation taking place in a number of national jurisdictions. This type of transnational litigation contributes significantly to the development of a common legal framework for corporate (criminal) liability for international crimes and other heinous acts. Mapping the legal process through which this common legal framework is developing is necessary to conceptualise and define a new way of addressing corporate wrongdoing globally.