A proceeding for the offense of entering or staying illegally on the Italian territory (Article 10 bis of legislative decree No. 286/1998) may not be brought against unaccompanied foreign children. The purposes of repression and punishment of the offense under Article 10 bis are incompatible with the principle that children must be protected, which spreads from Italian legislation concerning unaccompanied foreign children and the New York Convention on the Rights of the Child.