The Author provides a critical analysis, from a criminal law perspective, of the politically driven tendency to criminalize as humanitarian smuggling the actions taken by NGOs to save unwanted migrants from drowning in the Mediterranean Sea during their journey to Italy. More specifically, the Author tries to figure out whether this kind of actions should be more properly qualified as «aiding and abetting illegal immigration», pursuant to art. 12 of the Italian consolidated law on immigration (Italian Legislative Decree No. 286/1998), or as permissible actions covered by a criminal defense. Finally, in the closing section of this paper, the Author focuses on what he believes are the criminal-political reasons underlying the whole debate.
|Numero di pagine||49|
|Rivista||RIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE|
|Stato di pubblicazione||Published - 2019|