Order of the Court of Cassation, VI Criminal Section, No. 19140 of 10 September 2014

With this Order, the Court of Cassation stated that it was not necessary to suspend the execution of an expulsion order against a Brazilian woman for the only reason that she was criminally prosecuted in Italy. Expulsion was not in contradiction with the right to have access to justice guaranteed by Article 24 of the Constitution. This thanks to Article 17 of Law on immigration (legislative decree No. 286/1998), which, in such situation, allow expelled foreigners to return and stay in Italy for the time strictly necessary to exercise their right to defense in the relevant proceeding.

  • Original language: Italiano