As everyone knows, to strengthen the fight to the underground, in Italy in Article 12 of the Consolidated Immigration added a paragraph (5-bis), which warns that "any person under consideration, in order to reap unfair profits, providing accommodation for lease or even rent a property to an alien who has no residence permit at the time of entering into or renewal of the lease, shall be punished with imprisonment from six months three years. "
Now it happens that an Italian citizen some had sublet rooms to illegal immigrants asking each 50 € per month. The Court of Appeal - applying the law to the letter - sentenced him to imprisonment of three months and three thousand euro fine for having thus encouraging people to stay in Italy of 16 illegal immigrants. We had recourse to the Supreme Court and with feeling. No 27543 of July 15, with a flash of rekindled sense, gave him reason . He stated that it might be challenged because the crime of aiding and abetting is not sufficient that the accused has fostered within the territory of the State of illegal immigrants by providing housing for rent, but also serves the specific intent, which in this case did not exist because there was the specific objective of obtaining an undue profit from the illegal status of foreign nationals is made, however, when conditions are particularly onerous taxes to illegal immigrants.
In truth we do not know the conditions were rented to foreigners and what the true intentions of the owner, but there welcomes the idea that sometimes can outweigh the "spirit" on a "letter" of the law and even that you can be comfortable even with irregular without being punished. E - these days - is not really little.
Written by Paolo Ferrari - Area Immigration ACLI National
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