Commentary on Judgment No. 37860 of 2024: Offense of Unauthorized Re-entry into State Territory

The recent judgment No. 37860, issued by the Court of Cassation on June 28, 2024, offers an important interpretation of Italian legislation concerning the offense of unauthorized re-entry into State territory, governed by Article 13, paragraph 13-bis, of Legislative Decree of July 25, 1998, No. 286. The subject of the dispute concerned an individual who, after obtaining citizenship of a European Union member State, was accused of re-entry following 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 Offense of Unauthorized Re-entry

The offense of unauthorized re-entry occurs when a foreign citizen, judicially expelled, re-enters Italian territory without authorization. Current legislation stipulates that, for the crime to be constituted, the individual must be considered a foreigner at the time of expulsion. However, the judgment in question establishes a fundamental principle: the condition of being a foreign citizen does not need to exist at the time of the violation of the re-entry prohibition.

• 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 previous case law confirming this interpretation.

Offense of Unauthorized Re-entry into State Territory - "Status" of Foreign Citizen - Non-existence at the Time of Re-entry - Irrelevance - Case Law. The offense of unauthorized re-entry into State territory, under Article 13, paragraph 13-bis, of Legislative Decree of July 25, 1998, No. 286, requires that the "status" of foreign citizen exists at the time of judicial expulsion, but not also at the time of the prohibition's transgression. (Case concerning an individual who had committed the act of re-entry after obtaining citizenship of a European Union member State).

Implications and Final Considerations

This judgment represents a significant step forward in protecting the rights of foreign citizens, highlighting how legislation must be interpreted in a way that ensures justice. The importance of having a clear and defined "status" at the time of expulsion, rather than at the time of re-entry, offers greater legal certainty to the individuals concerned. Furthermore, the decision aligns with European legal principles, which strengthen the protection of citizens' rights and their freedom of movement.