Yesterday came into force Law 94/2009, the latest revised and updated version of the security package. "Measures public safety "is what one reads in the upper part of the text of the law. And if material errors are still unseen, those typing are evident already after the first 9 words of the article.
Article I.1. The provision of Article 61, number ll-aa) of the Criminal Code
is meant to refer to citizens of countries outside the European Union
and stateless persons.
But now we begin to understand the defeatist ... at least the first of what will bring this new entry in the regulation of our dear diversity.
This is a reform measure many articles of the Criminal Code by introducing new offenses and reintroducing old. We must say that among the references of the paragraph continues, is not the easiest thing in the world read this law - like all the rest - but we tried.
The text pretends to turn around several moves against public security: reinforcing actions in the prevention of mafia infiltration (including changes to 41a, the increase from one year to 4 years duration for which a special prison regime) is likely to set out the technical features of aerosol anti-aggression. If all this were not enough to make us feel safer, hearing about special registration requirements and a register of bouncers (bouncers ?!!?) a register of all we will feel better. Definitely.
Also for our security is the rule which provides for up to three years' imprisonment for employers of children for begging (yet there was ?!?!). And of course the security that comes from the tightening penalties for those who smear or damage public or private property. We all feel safer when the guy who did the murals for The Eagle on Prenestina will stand by its "1 to 6 months imprisonment." They will
something to say of those camps, but also the shopkeepers displaying their wares expanding a bit 'too much on the sidewalks, with what, the law regards the illegal occupation of public land.
And that was that part of the law that has prevented his name was "legal immigrants bouncer." Now comes the best!
go to that part of the law they like best to our dear fellow citizens, and that will allow him to feel safe to do so like those American movies where you always leave the doors open.
Here are the main points:
= underground crime
- A person who enters or stays illegally in Italy commits the crime of illegal immigration and risk a fine from 5 000 to 10 000 €. It is therefore not expected in prison, but neither is it possible to apply Article 162 of the Criminal Code (Oblation in fines), so the payment of a sum of money does not extinguish the offense.
The illegal immigrants are subject to trial before the magistrate with for summary expulsion. Before being expelled, with accompanying at the border by the superintendent, the illegal immigrant is taken to an identification center in which it can remain for a period not exceeding 180 days (previously 60 days). At this point two things can happen: in the case of a failure to return by the third country concerned or in case of delays to acquire the necessary documentation, the commissioner may request a time extension of 60 days, so if I can add a second (arriving at a "stay" as much as 10 months!). Or it may happen that has not been possible to hold the alien in an identification center, for example due to lack of vacancies, or that we were unable to identified in the 180 days provided. In this case, "the commissioner orders the alien to leave the territory of the State within five days." The immigrant who, after five days, remains on the Italian territory big risk because it is punished with imprisonment from one to four years.
And I wonder: if you are an immigrant, you are because you have no money and you come to find work. But if you close for six months in a Cie is assumed that in those 6 months does not work. So do not earn. So you have less money than (already short) you had when you were on trial. And in those 5 days .... How do you find the money to buy a return ticket in your homeland?!
- falls on the prohibition of expulsion for Italians living with relatives of the third and fourth degree;
- aggravating. It is an aggravating factor for any type of crime, being present illegally on Italian soil. Illegal means without a document, permit, stating that the regular presence of the alien.
Entry & residence permit if you can enter = ...
- Permit points. At the time of application for the grant of a residence permit, the foreigner must necessarily conclude the so-called "integration agreement" with which subscribes to specific objectives which will undertake to achieve during the period of validity of itself. E 'articulated credit for specific achievable objectives of integration throughout the time period of validity of the residence permit required. The agreement will be divided into a number of claims and the loss of which leads to the withdrawal of residence permits, resulting in the expulsion Quaestor accompanied by the border police. A government regulation that will come into force within 180 days of the provision, develop criteria and procedures for signing the agreement.
- For the granting of residence permits should be taken into account convictions not final;
- Immigrants will have to pay a tax: the amount ranges from a minimum of 80 to a maximum of 200 €. You will pay for the renewal of residence permit but not if this is for asylum and the request for asylum, subsidiary protection and humanitarian grounds;
- Applies the penalty of imprisonment from six months to one year whether the expulsion was ordered accordingly at the end, more than 60, the residence permit (and which were not required to renew or when the license application is submitted residence has been refused), and even the refusal to produce the documents (identification and residence) to law enforcement officers has resulted in the arrest until a year and a fine of up to 2,000 €.
Immigrants & Family = clearance ... apart from the clearance!
- A foreigner who marries an Italian citizen can acquire the Italian citizenship two years after marriage if you reside legally in our country, or after three years if living abroad. Half the time in the presence of children. To get married with an Italian the alien must submit to the officer of civil status, in addition to the clearance of the country of origin, including permission to stay. Easier hand with Muslim marriages legally resident in Italy: the bride will not need to obtain clearance from the country of origin, which is just a self-accompanied by a document of the Italian Embassy or Consulate in the country of origin .
- With regard to family reunification is added to the certificate of accommodation to sanitation (previously required either a certificate issued by the municipality or local ASL) both issued by the relevant council offices. It is therefore expected hypothetically the enactment of specific regulations for the identification of criteria leading to arbitrary government in the decision;
- you can no longer require a visa di'ingresso, for family reunification, if the clearance not be issued after 180 days of the completion of the practice. (Pure!)
Tackling illegal immigration = punish those who help them, to silence those who exploit them
- Law also thought to facilitate the complaint on the part of Italian citizens. In fact, "anyone for 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 to three years. " Moreover, "anyone who promotes, directs, organizes, supports or carries out transportation of aliens within the state or does other acts intended to obtain illegal entry into the territory of the State or other State of which the person is not a citizen or not evidence of permanent residence, shall be punished with imprisonment from one five years and a fine of 15,000 € for each person. "
- Money transfer. The agents involved in money transfer services acquire and retain for ten years, the residence permit dell'extracomunitario requesting the transfer of money. In the event of such a document will have to denounce the foreign agents within twelve hours, otherwise the de-listing of financial agents.
will not aggravated the situation who, in the exploitation of legal residence, draw an unfair advantage (such as' use of undocumented workers underpaid)
Homeless Population &
- The homeless will be filed in a record established in the Interior Ministry and the registration must take place within 180 days after the entry into force of the law. "The same person, at the time of application for registration shall be required to provide the office to register the information necessary to carry-out evidence establishing the fact of the home. In the absence of the home, is considered to be resident in the town of birth "
-" a notice and request for changes in personal data are subject to verification by the competent offices of the municipal sanitary conditions of the property. " - Deleted the rule on medical aids and spy, is in the text of the requirement of presenting to the offices of government permission to stay not only for the purpose of issuing licenses, permits, registrations and other measures of interest, but also for the measures relating to acts of civil status or access to public services. With this rule, accuses the opposition, it will be impossible for the children of illegal immigrants to be officially registered.
And last but not least, ladies and gentlemen, the patrols!
Hear hear: "The mayors, in agreement with the prefect, may secure the cooperation of associations between unarmed citizens in order to report to the police state or local events that may adversely affect safety or urban situations of social [...] The auditors use, give priority to those formed between the members, on leave, the police, the armed forces and other bodies of the state associations [...] are recorded in a register kept by the prefect, after verification by the same ". And 60 days between the Home Office will let us know what the requirements are for inclusion in the list ... wow ...
If you want, here's the text: http://www.governo.it/GovernoInforma/Dossier/sicurezza_legge/legge_15_luglio_2009_n.94.pdf
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