Prohibition of expatriation 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 expatriation prohibition for foreign convicts in drug-related cases. This decision not only clarifies a fundamental aspect of Italian legislation but also offers insights into the differences in treatment between Italian citizens and foreigners in the event of a conviction.
The ruling and its significance
The Court rejected the appeal regarding the application of the expatriation prohibition, establishing that this accessory penalty, provided for by art. 85 of the Presidential Decree of October 9, 1990, no. 309, is applicable exclusively to Italian citizens. This principle is based on a careful reading of the current regulations and the provisions of jurisprudence. In fact, the Court referred to previous rulings, such as no. 10081 of 2020, which confirm this restrictive interpretation.
Accessory penalties - Expatriation prohibition - Applicability to foreign convicts - Exclusion. In drug-related matters, the accessory penalty of expatriation prohibition, provided for by art. 85 of the 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 in treatment between Italian citizens and foreigners.
- Possible repercussions on immigration policies and expulsion regulations.
- Need to review regulatory provisions in light of European jurisprudence.
This ruling raises questions about the consistency of the Italian legal system, particularly regarding the protection of the rights of convicted foreigners. European norms, in particular, tend to guarantee 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, urging lawmakers to consider a more equitable approach towards foreign convicts.
