Commentary on Judgment No. 37860 of 2024: Crime of Unauthorized Re-entry into the Territory of the State
The recent judgment No. 37860, issued by the Court of Cassation on June 28, 2024, provides an important interpretation of Italian legislation regarding the crime of unauthorized re-entry into the territory of the State, governed by Article 13, paragraph 13-bis, of Legislative Decree No. 286 of July 25, 1998. The subject of the dispute concerned an individual who, following the acquisition of citizenship of a European Union member state, had been accused of re-entry after an expulsion. The Court clarified that the 'status' of foreign citizen must exist only at the time of expulsion, not at the time of re-entry.
The Crime of Unauthorized Re-entry
The crime of unauthorized re-entry is constituted when a foreign citizen, expelled by judicial means, re-enters the Italian territory without authorization. Current legislation provides that, in order for the crime to be established, the individual must be considered a foreigner at the time of expulsion. However, the judgment under review establishes a fundamental principle: the condition of being a foreign citizen does not have to exist at the time of the violation of the re-entry ban.
- The individual in question had obtained citizenship of a European Union member state;
- The Court deemed the status at the time of re-entry irrelevant;
- The decision is based on precedents that confirm this interpretation.
Crime of unauthorized re-entry into the territory of the State - "Status" of foreign citizen - Non-existence at the time of re-entry - Irrelevance - Case. The crime of unauthorized re-entry into the territory of the State, as per Article 13, paragraph 13-bis, Legislative Decree No. 286 of July 25, 1998, requires that the "status" of foreign citizen exists at the time of judicial expulsion, but not also at the time of the violation. (Case related to an individual who had engaged in re-entry conduct after obtaining citizenship of a European Union member state).
Implications and Final Considerations
This judgment represents a significant step forward in the protection of the rights of foreign citizens, highlighting how legislation should be interpreted to ensure justice. The importance of having a clear and defined 'status' at the time of expulsion, rather than at the time of re-entry, provides greater legal certainty to the individuals involved. Moreover, the decision aligns with the principles of European law, which strengthen the protection of citizens' rights and their freedom of movement.
