Sunday, October 17, 2010

prescribes life imprisonment or imprisonment of not less than the minimum five years and a maximum of twenty years. Article. 380-2 paragraph, however, lists other offenses for which provision is made mandatory arrest in flagrante delicto, also militate against the entry and stay in the state. Among the most important case will include: - Devastation and looting; - Robbery and extortion; - Resisting a public officer; - False information to the public prosecutor; - Facilitation of personal or real; - Counterfeiting and counterfeit seals of public use [eg counterfeit mark attesting to the payment of road tax, car license plates forgery, counterfeiting emblem of the Italian Republic on the forms of identity cards]; - Violence or threats to public officials; - Bigamy; - Domestic violence, in or towards children: (murder / infanticide in terms of abandonment - - serious personal injury or permanent disability (unless fraudulent); - Abandonment of children or the disabled; - Enslavement; - Kidnapping; - Prostitution and child pornography; - Sexual violence; - Domestic violence; - Aggravated burglary (committed with violence against persons or of things, obviously armed or guilty); - Aggravated theft; - Serious fraud; - Wear; - Receiving stolen goods; - Recycling Only the final sentence for the offenses provided strictly by the rule of the Consolidated preclude the renewal of residence permit foreclosure resulting efficacy of stay in the State. Until the imposition of sentence, therefore, the non-EU citizen, for which there is an ongoing criminal proceedings, not to be feared that the police deny the renewal of residence permit. Faced with a simple complaint (or a pending criminal proceedings) refusal to renew a permit on the basis of a purely alleged social dangerousness, would be a violation of the limit established by law (Article 4, paragraph 3 Consolidated immigration). That provision, while it provides, as a consequence of the withdrawal of a residence permit valid or his non-renewal, against a final sentence, the other implicitly excludes those consequences can be when the prosecution has not ended, unless there are a number of unique circumstances that may justify a specific assessment of social dangerousness. In adopting a decision refusing renewal / revocation of residence permits, moreover, the law (Article 5, paragraph 5) provides that the police should take into account any "new evidence", to be assessed case by case basis, which however, it could allow the renewal (in very exceptional cases) (see above). In adopting the refusal to issue, revoke or refuse a residence permit the foreigner who has practiced family reunification or family reunited even the police must take into account the nature and effectiveness of the family relationship of the person concerned and the existence of family and social ties with his country of origin.

Article. 380-2 paragraph, however, lists other offenses for which provision is made mandatory arrest in flagrante delicto, also militate against the entry and stay in the state.

Among the most important case will include:

- Devastation and looting;
- Robbery and extortion;
- Resisting a public officer;
- False information to the public prosecutor;
- Facilitation of personal or real;
- Counterfeiting and counterfeit seals of public use [eg counterfeit mark attesting to the payment of road tax, car license plates forgery, counterfeiting emblem of the Italian Republic on the forms of identity cards];
- Violence or threats to public officials;
- Bigamy;
- Domestic violence, in or towards children: (murder / infanticide in terms of abandonment - - serious personal injury or permanent disability (unless fraudulent);
- Abandonment of children or the disabled;
- Enslavement;
- Kidnapping;
- Prostitution and child pornography;
- Sexual violence;
- Domestic violence;
- Aggravated burglary (committed with violence against     persons or of things, obviously armed or guilty);
- Aggravated theft;
- Serious fraud;
- Wear;
- Receiving stolen goods;
- Recycling

Only the final sentence for the offenses provided strictly by the rule of the Consolidated preclude the renewal of residence permit foreclosure resulting efficacy of stay in the State.

Until the imposition of sentence, therefore, the non-EU citizen, for which there is an ongoing criminal proceedings, not to be feared that the police deny the renewal of residence permit. Faced with a simple complaint (or a pending criminal proceedings) refusal to renew a permit on the basis of a purely alleged social dangerousness, would be a violation of the limit established by law (Article 4, paragraph 3 Consolidated immigration). That provision, while it provides, as a consequence of the withdrawal of a residence permit valid or his non-renewal, against a final sentence, the other implicitly excludes those consequences can be when the prosecution has not ended, unless there are a number of unique circumstances that may justify a specific assessment of social dangerousness.

In adopting a decision refusing renewal / revocation of residence permits, moreover, the law (Article 5, paragraph 5) provides that the police should take into account any "new evidence", to be assessed case by case basis, which however, it could allow the renewal (in very exceptional cases) (see above). In adopting the refusal to issue, revoke or refuse a residence permit the foreigner who has practiced family reunification or family reunited even the police must take into account the nature and effectiveness of the family relationship of the person concerned and the existence of family and social ties with his country of origin.

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