The Court of Cassation (sentence 31426) has established that the immigrants, who don’t obtain the renewal of their residence permit, after having asked for it, cannot be punished by arrest or by expulsion.
The Supreme Court has so rejected the appeal of the Palermo Public Prosecutor’s Office.
The Supreme Court has so rejected the appeal of the Palermo Public Prosecutor’s Office against the order of the monocratic court, who denied the validation of the arrest against Rachid Z. – a twenty-seven year old Maroccan, who had arrived in Italy with a regular permit but later had been expelled because hadn’t a renewed residence permit – on the basis of the fact that the appeal didn’t complied with the Repatriation order.
According to the Cassation, in similar cases, the immigrants without a renewed residence permit haven’t a penal responsibility; they can be punished only through a fine. The Supreme Court declares – The law is in favour of the immigrants with a residence permit, and considers only the non-request of the residence permit renewal being liable to a fine punishment. It is considered unreasonable to punish the immigrants who haven’t obtained the renewal after having submitted the request for it.
On the basis of these considerations has been consequently rejected the claim presented by the Assistant Public Prosecutor of the Supreme Court, according to which such a situation is to consider as a residence permit repeal, it is hence liable to punishment through an expulsion order or arrest in case of default.
Translated by Alessandra Turchi
Source: agenziaradicale
