in Giurisprudenza Penale, 2019, 7-8 – ISSN 2499-846X
The article offers a comparative legal analysis of the crime of facilitating irregular migration by assessing its implementation in Italy and Germany. Through our analysis, we capture the similarities and differences between the two criminal provisions in question, and assess how, and to what extent, humanitarian assistance is criminalized in these two countries.
With this aim, we examine recent case law and shed light on the most interesting legal arguments presented in courts. Our finding suggests that in both legal systems members of humanitarian organizations face legal uncertainty and can be subject to criminal prosecution.
How to quote the article in a bibliography:
S. Trevisan – U. Möller, Punishing the facilitation of irregular migration. A comparative criminal law analysis of Germany and Italy, in Giurisprudenza Penale, 2019, 7-8