Migrants pushed back from France at the San Luigi border crossing in Ventimiglia | Photo: ANSA/Fabrizio Tenerelli
Migrants pushed back from France at the San Luigi border crossing in Ventimiglia | Photo: ANSA/Fabrizio Tenerelli

The Italian constitutional court has ruled that judges can drop minor crime cases against undocumented migrants if the defendants have already been deported.

If an undocumented migrant has already been deported, Italian judges can decide not to proceed with cases against them involving minor crime. That's according to a ruling by the Italian Consitutional Court, which was filed on Friday, December 13. The fuling declared the regulations contained in Italy's immigration law to be counter to paragraph 1 of article 3 of the constitution. 

For all crimes that require a direct summons for judgement, which do not require a preliminary hearing, the court said, judges can decide not to proceed for cases involving undocumented migrants that have already been deported. 

Regulations counter to principle of equality 

The court ruled that it would be against the principles of equality and reason to try and pursue minor crimes after a migrant had been deported. The state has less interest in pursuing cases of minor entity against undocumented migrants that have already been deported. 

The court established that the judge, after receiving proof of the deportation, could choose not to proceed prior to issuing the measure calling for the case to be ruled upon. 

The Constitutional Court has now said that even if the prosecutor has formulated the indictment in a decree for a direct summons to judgement, this does not constitute an obstacle to the right of the judge to decide not to proceed.

 

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