Decision of the Court of Cassation, IV Criminal Section, No. 12741 of 18 March 2014

When a foreigner is convicted for the offense of trafficking in drugs, the social dangerousness of this person may not be presumed for the purpose of ordering his/her expulsion from Italy, but must be established on a case-by-case basis by the competent court. This principle has been established by the Constitutional Court since 1995, in its judgment No. 58. Concerning the case, the Court of Cassation accordingly rejected the appeal against the expulsion order because the competent court had duly ascertained and motivated the social dangerousness of the convicted.