Per la libertà di movimento, per i diritti di cittadinanza

Questions on residence papers renewal

A migrant person being sentenced because of such crimes is not allowed to live in Italy
You need anyway to pay attention.
This rule doesn’t refer to the ones already regularly living in Italy but it refers to people having not entered Italy and asking for entry authorization in order to obtain residence papers.
The situation appears to be extremely different.
Art. 9 paragraph 3 on residence papers confirms what stated.
This article rules the release of residence papers and provides for that a migrant citizen, when sentenced because of crimes connected to criminal code art. 380 and 381, could see his/her papers revoked. A first interpretation of the law makes people believe that in case a citizen is condemned he/she loses papers and is expelled.

But it doesn’t work this way.

This same rule art. 9 paragraph 3 provides for that permits can be revoked but in case expulsion doesn’t need to be ordered residence papers are to be released.
This simply means that in case of such sentences connected to criminal code art. 380 and 381 a person already holding stable residence permit can lose this permit but this doesn’t mean not being allowed to live here. In case he/she is not ordered expulsion, he/she is entitled to residence papers and subsequently could run for residence permits within some years.

This article confirms that court sentences and expulsions do not go together. It also confirms that denials can easily come to people needing to enter Italy but they are not immediate to people already living here.
The same art. 13 paragraph 2 letter c considers the expulsions of subjects who, according to criminal court sentences, live on criminal activities and are therefore to be considered dangerous people. But even in such cases expulsion doesn’t always immediately come. The welknown 2002 “Farane” Supreme Court sentence states that in order to consider a person a dangerous to society person an evaluation of different elements needs to be done, these must show that the person lives on crimes.
An isolated fact is not enough to prove attitudes of single subjects. One sentence cannot imply immediate expulsion.
In case the opposite happened, art.15 allowing magistrates to order expulsion when a person can be considered extremely dangerous wuld hold no sense of being.

I think I can answer to the two questions saying that no automatism does exist. I personally do not exactly know the seriousness of committed crimes but an isolated case cannot imply expulsion and shouldn’t justify residence papers denial.

The man who was found sentenced under a false name, this is not such a crime that would imply residence papers denial nor expulsion. In addition to this 1998 regularization doesn’t provide for obstacles to people sentenced.
This person might face another sentence because of having given a false name in but if he has regularly lived and worked in Italy after regularization he shouldn’t have problems.