Extraterritorial Criminal Jurisdiction and Corporate Misbehaviour: Where Does the 2024 Environmental Crime Directive Stand? Looking Ahead From the Probo Koala Case

author Alessandra Aceti
journal RIDP (ISSN: 0223-5404)
volume 2025
issue Responses to Organised Crime: Between Tradition and Innovation
section Organised Crime Between Transnational Dimension and Illicit Businesses and Trafficking
date of publication May 18, 2026
language English
pagina 103
abstract

As a traditional corollary of State sovereignty, criminal law has been essentially anchored to the jurisdictional principle of territoriality. Although well-established heads of extraterritorial jurisdiction allow States to assert their authority beyond borders, the present system is challenged in our increasingly interconnected world. Whilst offering opportunities for legitimate economic expansion, globalisation crucially enables cross-border criminality and often blurs the contours of lawful and unlawful activities to the detriment of the environment. In this context, transnational corporations have emerged as key actors, which may be significantly involved in environmental crime across borders, particularly shielding behind complex organisational structures and intricate business relations worldwide. To this regard, studies increasingly recognise the potential permeability between corporate actors and organised crime, highlighting the real-world dynamics of flexible criminal networks. Against this backdrop, this paper examines whether traditional principles of prescriptive criminal jurisdiction have evolved to capture corporate involvement in cross-border environmental crime and, if so, which bases may legitimately ground such exercise of jurisdiction. To answer these questions, the analysis employs a doctrinal method, complemented by a case study to engage in practical and critical reflections. Following an introductory framing of the issue, the paper is structured as follows. Section two provides an overview of the main jurisdictional principles under international law and highlights emerging trends toward extraterrito-riality. Section three discusses the jurisdictional scope of the revised Environmental Crime Directive of the European Union, with a focus on the benefit criterion. Section four examines the landmark Probo Koala case as a paradigmatic example of corporate transboundary environmental harm. The paper concludes by reflecting on policy rationales and future prospects of extraterritorial criminal jurisdiction over corporate involvement in transnational environmental crime.