Mobilità dei reati nello spazio transfrontaliero e nuovi confini delle norme penali: verso una giurisdizione “a geometria variabile”?

The actual empirical reality, in which the most important criminal manifestations are articulated according to modalities which cross the territorial frontiers of the States, imposes new normative solutions which - in the attempt not to leave 'pockets' of impunity - can redraw the traditional boundaries of the criminal regulations. In a context pervaded by international interventions of criminalization of the most serious forms of manifestation of crime (above all, the Palermo Convention and its Protocols), there is, first of all, at the domestic level, a change of the same territorial paradigm of the criminal law, which adapts the exercise of jurisdiction according to "variable geometries", with interpretative solutions which extend, in a problematic way, the principle of ubiquity (Art. 6 on the Criminal Code): in this context, the interpreter seems to act in the role of substitute of the legislator to adapt the standards of international protection, in a dimension of interchangeability between judicial and legislative power.