The crime of illegal entry and stay in Italian territory

Facing criminal proceedings in a foreign country is one of the most complex and stressful situations a person can experience. When we talk about the crime of illegal presence, governed by Article 10 bis of the Consolidated Law on Immigration, it's not just personal freedom or a financial penalty at stake, but the very possibility of building or maintaining one's future in Italy. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the human and legal implications arising from the accusation of this crime, offering support that goes beyond simple technical advice to embrace a defense of fundamental human rights.

Regulatory framework: Article 10 bis of the Consolidated Law on Immigration

The crime of illegal entry and stay in the territory of the State was introduced into our legal system with the security package of 2009. Specifically, the law punishes foreigners who enter Italy in violation of current regulations or who remain there without having the right to do so, for example, with an expired and unrenewed residence permit. It is crucial to clarify that this is a misdemeanor, punishable by a fine ranging from 5,000 to 10,000 euros. Although no prison sentence is provided for this specific offense, a criminal conviction entails immediate and severe administrative consequences, chief among them being expulsion from national territory. The complexity of the matter requires careful analysis of the circumstances, as the law provides for specific grounds for justification and situations where expulsion cannot be carried out, such as in cases of risk of persecution in the country of origin or family ties protected by law.

The Law Firm Bianucci's approach to defending foreigners

Avv. Marco Bianucci, an expert lawyer in criminal and immigration law in Milan, handles cases of illegal presence with a targeted and personalized defense strategy. The primary objective is not only to manage the criminal proceedings but to resolve the problem at its root, evaluating every possible avenue for regularizing the foreigner's status. The firm's approach involves a rigorous analysis of the case file to verify the existence of procedural defects in the expulsion decree or rejection order. In fact, criminal action can often be halted or resolved favorably by demonstrating the existence of a "justified reason" that prevented the foreigner from leaving the territory or renewing their documents. Furthermore, Avv. Marco Bianucci carefully assesses the possibility of converting the proceedings into a request for international or humanitarian protection, where the prerequisites exist, thus ensuring a defense that integrates criminal and administrative expertise.

Frequently Asked Questions

What are the concrete risks of a charge for illegal presence?

The crime provided for by art. 10 bis of the Consolidated Law on Immigration is punishable by a fine of 5,000 to 10,000 euros. Imprisonment is not foreseen for this specific crime, but the charge almost automatically initiates the administrative procedure for expulsion from Italian territory, which is the most serious consequence for those who wish to remain in Italy.

Is it possible to avoid expulsion if I have relatives in Italy?

Yes, the law provides for the prohibition of expulsion in specific cases, particularly to protect family unity. If the foreigner lives with relatives up to the second degree or with a spouse of Italian nationality, or if there are minor children, expulsion may be unlawful. An expert immigration lawyer will assess whether your case falls under Article 19 of the Consolidated Law on Immigration.

Can I appeal against the expulsion decree?

Absolutely yes. Against the expulsion decree issued by the Prefect, it is possible to file an appeal with the Justice of the Peace of the place where the authority that issued the measure is based. The deadlines are very strict (usually 30 days, reduced in some cases), so it is essential to contact Avv. Marco Bianucci promptly to prepare the defense.

If I am acquitted of the criminal offense, can I obtain a residence permit?

Acquittal in criminal proceedings for the crime of illegal presence is an important and favorable step, but it does not automatically guarantee the issuance of a residence permit, which depends on administrative requirements (work, income, housing). However, acquittal removes a significant obstacle and facilitates regularization paths or requests for special protection.

Request an immediate legal consultation

If you or a family member have been accused of illegal presence or have received an expulsion decree, time is a crucial factor. Contact Avv. Marco Bianucci for a timely assessment of your legal position. The firm, located at via Alberto da Giussano 26 in Milan, is ready to defend your rights with expertise and dedication, identifying the best strategy to protect your stay in Italy.