Detention in prisons forbidden for irregular immigrants convicted at review
The start of the penal enforcement phase, pending the decision of the Supervisory Court on the prison or alternative measure, blocks deportation
Stop to expulsion, and therefore to detention in the Cpr, for immigrants convicted of a prison sentence, under four years, waiting for the decision of the Supervisory Court on prison or an alternative measure. The Court of Cassation (judgement 1039/2026) distances itself from the orientation affirmed in judgement 36545/2023 and denies the possibility of giving the nulla osta for administrative deportation in the case of suspended immigrants;
Thus, the appeal of an immigrant, sentenced to three years and eleven months, against the Court of Appeal's decision to validate the treatment in a Cpr was upheld. The Court of Merits, in line with judgement 36545, upheld the legitimacy of the deportation, even in the presence of a sentence execution order, considering also the social dangerousness, the risk of absconding and in the absence of health conditions hindering repatriation. A decision annulled without referral. The Court of Cassation clarified that the irregular foreigner has the right to a re-educational path and that the nulla osta is not applicable in the phase ofcriminal execution but only in the phase of cognition.
In Italy, there are about 90,000 suspended persons, not only foreigners of course, and they are waiting - for a long time sometimes years - for the verdict of the Surveillance Court on the request for an alternative measure.
