Prohibition of Expulsion and Foreign Convicts: Ruling No. 36898 of 2024

The Court of Cassation, with ruling No. 36898 of June 14, 2024, addressed a crucial issue concerning the applicability of the accessory penalty of prohibition of expulsion to foreign convicts in drug-related offenses. This decision not only clarifies a fundamental aspect of Italian legislation but also offers food for thought on the differential treatment between Italian citizens and foreigners in case of conviction.

The Ruling and its Significance

The Court rejected the appeal concerning the application of the prohibition of expulsion, establishing that this accessory penalty, provided for by art. 85 of Presidential Decree of October 9, 1990, No. 309, is exclusively applicable to Italian citizens. This principle is based on a careful reading of current regulations and jurisprudential provisions. In fact, the Court referred to previous rulings, such as No. 10081 of 2020, which confirm this restrictive interpretation.

Accessory Penalties - Prohibition of Expulsion - Applicability to Foreign Convicts - Exclusion. In matters of narcotics, the accessory penalty of prohibition of expulsion, provided for by art. 85 Presidential Decree of October 9, 1990, No. 309, applies only to Italian citizens, and not to foreign convicts.

Implications of the Decision

The decision of the Court of Cassation has several practical and legal implications, including:

• Disparity of treatment between Italian citizens and foreigners.
• Possible repercussions on immigration policies and expulsion regulations.
• The need to review legislative provisions in light of European jurisprudence.

This ruling raises questions about the coherence of the Italian legal system, particularly regarding the protection of the rights of convicted foreigners. European norms, in particular, tend to ensure fair and non-discriminatory treatment, and this ruling could be in conflict with the principles of equality enshrined in the Charter of Fundamental Rights of the European Union.

Conclusions

In conclusion, ruling No. 36898 of 2024 represents an important reference for understanding Italian criminal law and its applications. It underscores the need for a thorough analysis of current regulations and their consequences, inviting legislators to consider a more equitable approach towards foreign convicts.