Note in tema di giurisdizione sull'immigrazione irregolare via mare

The article examines the sensitive issue of the italian jurisdiction in relation to the offense of facilitating illegal immigration by sea. The question arises from the fact that it is now settled practice the arrival of immigrants on italian coast on fag-free decrepit vessels and rescued in international sea. As the current criminal legislation requires, for the of italian jurisdiction, that part of the offense has to be committed in italian territory, the question has been raised as to wheather also the immigrants rescued in international sea are prosecutable and punishable under the italian law. In this regard, after reviewing the provisions on the offense of facilitating illegal immigration, the article refers to domestic and european case-law on the subject. At the end of the paper there is mention of recent measures adopted in order to try to regulate the phenomenon, and in particular the decree law of 17th february 2017 iussed by the italian government and converted into law on the 13th april 2017 which provides a package of measures intended to have major impact on the control and repression of the migration and the code of conduct intended to regulate the rescue activity carried out by NGOs.