The Jurisdictional Reach of Corporate Criminal Offences in a Globalised Economy: Effectiveness and Guarantees 'Taken Seriously'

Expanded forms of extraterritorial jurisdiction based on the active personality principle, the protective principle, or a combination of both, along with the extension of the territoriality principle as a ground for state jurisdiction, are currently deemed essential tools in the furtherance of an effective fight against cross-border corporate crime in a globalised world. Conversely, however, this trend towards ‘unbound jurisdiction’ may lead to a complete disregard for the transnational dimension of the ne bis in idem principle. Adopting a comparative criminal law perspective, this chapter focuses on these intertwined issues, starting from the assumption that the fight against offences committed by multinational enterprises should seek to avoid situations of both impunity and over-criminalisation.