Pagina dettaglio corso numero uno

In the article “Assolta l’attivista iraniana Maysoon Majidi dall’accusa di favoreggiamento dell’immigrazione irregolare. Le motivazioni della sentenza, nel quadro della criminalizzazione dei c.d. migranti-scafisti” [The Iranian activist Maysoon Majidi acquitted of facilitating irregular immigration: Reasoning of the judgment within the framework of the criminalisation of so-called migrant smugglers], published in Sistema Penale, Stefano Zirulia, Associate Professor of Criminal Law at the University of Milan, analyses a recent and significant ruling by the Court of Crotone concerning the application of Article 12 of the Consolidated Immigration Act (Legislative Decree No. 286/1998). 

The piece reconstructs the facts of the case and the reasoning behind the first-instance judgment, which acquitted the defendant of the charge of facilitating irregular immigration on the grounds that “she did not commit the act”. 

Zirulia uses this decision as a springboard for a broader reflection on Article 12 of the Consolidated Immigration Act, highlighting its overly broad wording and its tendency to encompass a wide range of behaviors – including mere acts of assistance – under a single criminal offense, resulting in disproportionate and potentially discriminatory penalties. 

The ruling is interpreted as a first step by the judiciary toward curbing the misuse of this criminal provision. The author expresses the hope that this interpretative shift may be embraced by the Court of Justice of the European Union, which is soon expected to rule on the Kinsa case, in light of the continued inaction of both national and European legislators. 

For the full article, click here.