Commentary on Judgment No. 4164 of 2024: Justified Reason in Non-Compliance with the Expulsion Order

Judgment No. 4164 of November 21, 2024, by the Court of Cassation, filed on January 31, 2025, offers an important reflection on the criminal law of immigration, particularly concerning non-compliance with the expulsion order from Italian territory. The Court has clearly expressed itself on the notion of justified reason, establishing that in cases of absolute impossibility, the crime of non-compliance cannot be configured.

The Justified Reason and Absolute Impossibility

The ruling states:

Non-compliance with the order of expulsion from the territory of the State - Justified reason - Notion - Absolute impossibility - Relevance. In the context of the criminal law of immigration, a justified reason capable of excluding the configuration of the crime of non-compliance with the order of the police chief to leave the territory of the State is the non-compliance resulting from the conditions of absolute impossibility of the foreigner, who cannot reach the border in time or purchase a travel ticket, or that derives from the failure to issue, by the competent diplomatic or consular authority, the necessary documents, which were in fact promptly requested by the foreigner.

This definition is crucial for understanding the circumstances in which a foreign citizen may find themselves in a situation of material impossibility to comply with the expulsion order. Such conditions may include, for example, the inability to reach the border for logistical reasons or the failure to issue necessary documents by the competent authorities.

Legal Implications

The Court, reaffirming previous jurisprudential orientations, emphasizes the importance of considering the individual situations of foreigners subject to expulsion orders. Among the reference norms, Legislative Decree No. 286 of July 25, 1998, Article 14, paragraph 5, highlights how Italian law provides the possibility of excluding criminal liability in case of justified reason. It is essential that legal practitioners are aware of these provisions to adequately protect the rights of their clients.

  • Absolute impossibility as a justified reason
  • Relevance of the issuance of documents by the authorities
  • Compliance with previous jurisprudential rulings

Conclusions

Judgment No. 4164 of 2024 represents a significant step in the protection of the rights of foreigners in Italy, clarifying that non-compliance with an expulsion order can be justified in the presence of conditions of objective impossibility. Lawyers and legal professionals must keep this principle in mind in their daily practice, ensuring that the individual circumstances of their clients are always considered in the context of the prevailing norms. Only then can fair justice that respects human rights be guaranteed.

Bianucci Law Firm