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Italy

Planned Measures

[page 22]

  • Within the framework of the monitoring mechanism set in the Plan (see par. V) give special attention to the following priorities:
    • Identify eventual gaps and/or existing barriers jeopardizing access to judicial remedy for victims of business-related human rights abuses especially with regard to extraterritorial violations also basing on the relation between parent company and subsidiary;

B. Operational Principles

[page 26]

… With regard to Criminal Law, the Italian legal system generally applies the principle of territoriality as a limit of the efficacy in space of Italian law; however, this principle is subject to exception with regard to the criminal conducts or offences against universal human values such as genocide, slavery, terrorism, etc. In particular, article 7 of the Italian penal code provides for a universal definition stating that for specific offenses the Italian penal law may apply even if the crime is totally committed abroad (outside national boundaries) both by nationals and foreigners. This article, in particular is recalled also with regard the law 231 on the administrative responsibility of entities: art. 4 of law 231 states that in cases falling under art. 7 of criminal code, the enterprise having its headquarter in the state territory is held accountable also in relation to crimes committed abroad, if the state where the offense occurred did not yet proceed against it …

Planned Measures

[page 26]

  • Within the framework of the on-going parliamentary activity of reform of judicial system, raise the awareness on the following priorities: … iv) introduction of criminal provisions against economic crimes, also committed abroad; …
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