Legal persons and cross-border crimes in the EU: current issues and prospects

Abstract

In a recent judgment, the Italian Supreme Court has stated that a foreign company can be held liable for crimes committed in the national territory, regardless of the location of its registered offices. This ruling provides an opportunity to reflect on some of the issues which can arise from the current lack of homogeneity in the EU concerning the liability of legal persons for offences, in terms of potential overlapping of proceedings and sanctions, as well as with regard to the enforcement of judicial decisions given in another Member State.