There’s been great fuss about the so-called bonus bebè, which is being granted to all Italian citizens. Unfortunately the government made a mistake and it sent letters to migrant citizens as well. Letters were sent to all citizens that have recently had a baby and they communicated parents that they were to be issued a 1,000 € benefit. This communication reached Italian, EU and non-EU citizens: but benefits are reserved only to Italians!
With the letter in their hands many went to post offices, they filled the specific form in and then they were given the 1,000 € benefit.
We received some e-mails on this matter, one states: “I understand that many post offices paid the so-called bonus bebè also to migrant citizens, who held the Prime minister’s letter. As a consequence, police will charge them of cheating the State. I was shocked about this piece of information: I hope this did not happen on purpose. Is everything true?
We unfortunately have to confirm what the e-mail says. Most newspapers published that the government sent benefits to migrants as well as to Italians because of a mistake. Post officers are not responsible of such letters, they just take them from holders and they pay the sum: they are not obliged to verify data.
What’s the form like?
The forms hold a self-certification. When signing it citizens declare that they are Italian/EU citizens. This is stated in few rather small lines and people do not usually read them.
On the other hand, Mr Berlusconi’s letter is rather generic, it does not clearly explain how things actually work, whereas its immediate meaning is evident. Forms have blank spaces that need to be filled in with citizens’ data, which are babies’ council of birth and parents’ country of birth. Then on the bottom, there’s a very tiny sentence stating that via signing the form citizens declare that they are Italian or European. In case the declaration is false, interested citizens are charged of violation to Dpr 445/2000.
What does this mean?
The ones that accepted the benefit risk to face criminal procedure. This means that citizen are committing a fraud against the state. This crime is expressively described by criminal code art. 640. Sanctions are six months to one year detention. In addition this the quoted article also provides for sanctions in case someone declares to be Italian/European and he/she is not.
We are afraid that many will face such procedure, even though they did not know that they were not allowed to receive the benefit. On the other hand we believe that it would be just good common sense that a benefit thought to help those that increase Italian population is granted to all residents… Everyone is free to judge what would be better, the fact is that Mr Berlusconi’s letters where sent to citizens apart from their nationality whereas the norm is rather discriminating.
What to do
We can only suggest to return the money in order to avoid legal consequences. This could be considered conscious behaviour.
Example - If someone commits a crime but he/she does all he/she can to cancel the consequences of the crime, they cannot be considered punishable.
Unfortunately returning the money does not mean that the false declaration expires, because this cannot be cancelled from a juridical point of view. But don’t worry! This crime does not lead to the rejection of residence papers’ renewal nor to expulsion.
Expulsion orders may not be risked but a trial is! In fact law does not allow ignorance of its norms, rules and articles.
